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1978-05-08 - Village Board Committee of the Whole - Minutes ) SUMMARY OF COMMITTEE OF THE WHOLE OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE HELD MONDAY, MAY 8, 1978, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at 7:30 P.M. Those present were President Fabish; Trustees Rech, Bogart, Marienthal , Keister, Stone. Trustee Mendenhall arrived at 7:40 P.M. Also present were William Balling, Village Manager; William Raysa, Village Attorney; Gregory Boysen, Village Engineer; Thomas Fennell , Director of Planning and Develop- ment; Bart Delaney, Planning Coordinator; Richard Kuenkler, Civil Engineer; and William Sommer, Assistant Village Manager. Parking in Residential Districts Mr. Balling reviewed his memo, dated May 4, 1978, regarding parking restrictions in residential districts. Article IX, Section 3-1 of the Zoning Ordinance prohibits parking of all but passenger automobiles. He said staff is prepared to cite the blatant violators, i .e. semi trailers parked in residential districts; however, this creates an overall enforcement conflict which requires the Board's immediate attention. He asked Board direction with regard to 1) universal or selective enforcement, and 2) attention to ordinance revision. Mr. Raysa referred to his memo of January 30, 1978, and stated that enforcement should be uniform. During the lengthy discussion, the following suggestions for parking restrictions were made: 1) restrict according to height, weight, and/or length, 2) consider an ordinance similar to Arlington Heights ' which requires that parking of recrea- tional vehicles be parked in a manner that they may not be seen from the street, and 3) consider an ordinance similar to Libertyville's. Trustee Mendenhall arrived during the discussion. President Fabish polled the Board, "Yes" indicating favor of drafting an ordinance to regulate parking of vehicles, other than automobiles, in a residential district, and "No" indicating opposition. The poll found the following: YES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NO: 0 - None Mr. Balling was asked to prepare several alternatives for Board consideration. In the meantime, obvious violators (semi trailers) should be cited immediately. • Taxicab Ordinance Mr. Raysa stated that two problems have arisen with regard to Ordinance #76-42 (Taxicab Ordinance) . The ordinance does not define the differences between "livery" and "taxicab", and he recommended the ordinance be so amended. Also, when the ordinance was passed, the Board said the ordinance should not be applied to taxis that are called into the Village by a resident. If this is the Board's policy, the ordinance should be amended to reflect it. Lengthy discussion followed. President Fabish polled the Board, "Yes" indicating favor of licensing a cab company that actively solicits business in the Village, and "No" indicating opposition. COMMITTEE OF THE WHOLE MAY 8, 1978 PAGE TWO The poll found the following: YES: 4 - Rech, Marienthal , Stone, Fabish NO: 3 - Bogart, Keister, Mendenhall Mr. Raysa was asked to draft an amendment to the Taxicab Ordinance which would define differences between "livery" and taxicab" and would provide for licensing a cab company that actively solicits business in the Village. • Arlington Heights Road (Lake County) Public Hearing Mr. Balling announced that on Wednesday, May 10, 1978, there will be a public hearing for the Arlington Heights Road improvement from Lake Cook Road to Route 83. The Board reviewed a resolution outlining the need for this improvement. It was decided that this resolution should be read into the record of the public hearing. Plaza Verde Trustee Marienthal referred to the requested change in plan of the Plaza Verde Shopping Center that was referred to the Plan Commission at last week's meeting. He said the Board declared this a minor change, but the Plan Commission feels this is a major change which would require a public hearing. He noted that if there were a public hearing, the people to be notified would be the owners of the Plaza Verde Shopping Center and the Buffalo Grove Mall because they are the only ones within 500 feet of the property. He felt that instead of holding a public hearing, the Village should notify each tenant in Plaza Verde at a staff level for input to the Commission. After lengthy discussion, it was decided that a public hearing is not necessary, but tenants of the shopping center should be notified and invited to the Plan Commission meeting at which this change in plan will be reviewed. It was decided that the developer should notify the tenants. Suggested Public Hearing Format ri In response to a question from Trustee Rech, Trustee Mendenhall stated that he and Mr. Balling drafted the proposed public hearing format which is similar to the one used by the Plan Commission. Trustee Rech objected that three public hearings have been scheduled for this evening. Otis Office and Research/Public Hearing President Fabish read the notice of public hearing that appeared in the Buffalo Grove Herald on April 21 , 1978. Subject of the hearing is a petition from Otis • and Associates for annexation and B-3 Planned Business District zoning. Property consists of 5 1/3 acres located on the northwest corner of the intersection of Route 83 and Arlington Heights Road. The President swore in the following people who were present to give testimony in the hearing: Jerry Bartolai , representative of Mobil Oil , James Otis of Otis and COMMITTEE OF THE WHOLE MAY 8, 1978 PAGE THREE Associates, and Robert Coffin, Village President of Long Grove. Mr. Otis stated that his group met with the Plan Commission for the last time on March 1 , 1978, after bringing the petition before the Village Board and Plan - Commission in February of 1977. At that meeting, the issue revolved around concern for the Mobil service station which is located in the southeast corner of the property. The basic theme of the office and research use was acceptable to the Commission and representatives of the Village of Long Grove, but Long Grove expressed a strong opposition against the use of a service station. He felt it was this feeling that encouraged the Plan Commission to vote against the petition. He requested that this hearing be confined to the use of a service station. If this use is not acceptable, he said he would withdraw his petition, but if it is found acceptable, he requested the opportunity to make all necessary corrections to the plan as requested by the Plan Commission and provide all necessary documents referred to as exhibits in the petition for annexation. Mayor Coffin stated the Village of Long Grove is very concerned over the presence of a service station and is opposed to it. He believed there is common ground with the rest of the proposal . Mr. Bartolai stated that during Plan Commission meetings, no Buffalo Grove citizens appeared to object to the service station, only the Long Grove Village President and a couple of property owners to the north on Arlington Heights Road. He noted that the other three corners of this intersection are zoned commercial . He said they propose a gas only self serve convenience type station with related snack shop type items. The building is 20' x 24' , two pump islands, a 14' high canopy covering the length of the pump islands to the front door of the service station. It would be landscaped in accordance with the wishes of the Appearance Control Commission. It would be a company operation, not leased. There will be no junk cars because there is no car repair. The lights will be directed on the Mobil property and will not spill over onto others. He then displayed a colored rendering. He requested a favorable opinion from the Board. Elliott Hartstein, 908 Providence Lane, spoke in favor of the service station because he felt there is a need for a service station within close proximity to the persons living in the north part of the Village. Providing that the service station is done in a compatible manner and in accordance with the controls set forth by the Appearance Control Commission and Plan Commission, he did not feel the service station would detract from the area. He urged the Board to concur with the petitioner. Bob Jenkins, Arlington Heights Road, spoke in opposition to the service station. He felt it would be out of character with what is intended for that corner. Al Hines, Arlington Heights Road, spoke in opposition to the service station. He did not feel there is a need for it because there are two stations within 1 .7 miles of the property. He saw no need for a "carry out grocery" use because a shopping center is being constructed on the southeast corner. He did not feel the station would compliment the Otis office buildings. COMMITTEE OF THE WHOLE MAY 8, 1978 PAGE FOUR Mayor Coffin stated that the Villages of Long Grove and Buffalo Grove have been working on developing an office and research band around the corner of Route 83. He noted that it is a common entrance to both Villages. He said that this property lies within the sewer sphere of influence of the Village of Long Grove, and he did not feel his Board would approve a sewer tap for the service station. He requested the service station be denied. Trustee Marienthal read from the minutes of the Plan Commission meeting held March 1 regarding certain recommendations. President Fabish polled the Board, "Yes" indicating favor of the service station, and "No" indicating opposition. The poll found the following: YES: 0 - None NO: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall Trustee Rech stated her negative vote was because she never has felt a service station should be in that location. Trustees Bogart and Stone voted no because they did not want to jeopardize the sewer agreement. Trustee Mendenhall voted no because of the negative Plan Commission recommendation and because of the sewer agreement. Mr. Otis withdrew his petition. President Fabish closed the public hearing. 8:47 P.M. - The President declared a recess. 9:00 P.M. - The meeting resumed. Public Hearing Scheduling . At Trustee Rech's request, President Fabish polled the Board to determine the number of public hearings that should be scheduled in one evening. The poll found the following: ONE: 4 - Rech, Bogart, Keister, Mendenhall TWO: 2 - Marienthal , Stone Candlewood Creek/Public Hearing President Fabish read the notice of public hearing that appeared in the Buffalo Grove Herald on April 21 , 1978. Subject of the hearing is a petition from Fairfield Builders for annexation and R-5 zoning. Property consists of approximately 12 acres located to the north of Pauline Avenue along the Commonwealth Edison right of way. President Fabish swore in the following people who were present to give testimony: 011e Saarinenof Fairfield Builders, Glen Hogan of Fairfield Builders, and Gary Wiss of Ciorba Spies Gustafson Engineers. COMMITTEE OF THE WHOLE MAY 8, 1978 PAGE FIVE David Addis, attorney for the petitioner, indicated on a Village map the location of the subject property. Property to the west and to the north is Horatio Gardens subdivision located in unincorporated Lake County, to the east is the Commonwealth Edison r.o.w. and the Soo Line railroad tracks, to the south is the Friedman industrial property. The property was presented to the Village Board ten months ago when Mr. Hogan had received approval from Lake County to subdivide and proceed under County ordinances. Because the property is adjacent to Buffalo Grove, State Statutes require the Village to agree and sign the plat; and it was the judgement of the Village that the property should be annexed and zoned within Buffalo Grove. After meetings and public hearing with the Plan Commission, the Commission voted to recommend approval . The tentative plat showed a total of 45 lots, one of which is a storm water detention lot. Each lot meets R-5 zoning requirements, so no variations are requested or required. He said the Park District and School Districts are amenable to accepting a cash donation in lieu of land in accordance with Ordinance #77-72. Mr. Wiss distributed and reviewed a preliminary utility and grading plan. Plan showed 1) 60' r.o.w. , 2) streets built to Village standard 27' back to back paved streets with curb and gutter, 3) Pauline proposed to be a half street with 171' pavement which in the future would be a 35' back to back pavement which would align with pavement further west at the Ridgewood subdivision, 4) between Ridgewood's 35' street and this development was 300' of no pavement but with a 33' r.o.w. dedication in the County. Natural flow of storm water is from northwest to southeast. He described storm water detention and connection to water and sanitary sewer lines. There will be 5' sidewalks on both sides of streets. Plan Commission Jim Button stated that at the Plan Commission meeting of March 22, 1978, a motion was passed (3-2) to recommend approval of the petition and the tentative plat of subdivision. In response to a question from Trustee Bogart, Mr. Button stated that two commissioners did not want this type of development in this area. Mr. Addis said there was some discussion about whether this is a logical piece of real estate to be annexed to the Village, and he felt that was the reason two voted against the development. Trustees were not satisfied with Pauline Avenue being a half street, nor did they like the fact that Pauline would not be connected with Pauline at the Ridgewood Subdivision. Lengthy discussion took place to this regard. President Fabish polled the Board, "Yes" indicating favor of Pauline Avenue being connected before buildings were constructed, and "No" indicating opposition. The poll found the following: YES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NO: 0 - None After much discussion, it was decided that Pauline Avenue would end at Carman Avenue which would eliminate 267' of pavement, that 300' of pavement would be installed offsite to connect Pauline at the Ridgewood subdivision, that the Village would secure the r.o.w. for the connection, and that the southeast corner of the development would be re-designed. Because of the change in plan, the development would be referred back to the Plan Commission. 0 COMMITTEE OF THE WHOLE MAY 8, 1978 PAGE SIX With regard to Pauline Avenue, Trustee Rech requested that a future workshop agenda item be a discussion of the extension of this road east of the Soo Line tracks and the width of it. Trustee Keister stated that the staff and Plan Commission had discussed Pauline Avenue, and the general concensus was that it should not be extended. Commissioner Button said the Plan Commission did not feel it should be extended because 1) it would dead end at Milwaukee Avenue, 2) Lake-Cook Road is south of the property and Busch Road is north, and 3) there are serious engineering problems in crossing the tracks. Trustee Rech felt the Board should make a policy decision with regard to this street. Mr. Addis asked for a feeling of the Board with regard to annexation and zoning of this property with the changes discussed this evening. He noted that this property is zoned for high density multi-family use in the County, and the owner could build that use with no further hearings. President Fabish polled the Board, "Yes" indicating favor of the subject project, and "No" indicating opposition. The poll found the following: YES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NO: 0 - None Mr. Addis requested this item be placed on a Plan Commission workshop agenda as soon as possible. President Fabish closed the public hearing at 10: 15 P.M. Arlington Country Club Condominiums President Fabish noted that this public hearing was continued on March 27, 1978. He read the notice of public hearing for that meeting which was published in the Buffalo Grove Herald on March 11 , 1978. Subject of the hearing is a petition from Edward L. Holzrichter for annexation with R-9 Special Use PUD zoning and preliminary plan approval . Subject property consists of 1100 feet on Dundee Road across from Cambridge-on-the-Lake. President Fabish swore in the following people who were present to give testimony: Edward Holzrichter, petitioner; Joseph Raccuglia, architect; and Joseph Lake, engineer. Mr. Raccuglia reviewed the site plan of the 5.65 acres. They plan to build two four-story buildings with parking beneath. Each building will contain 51 units with 56 parking spaces under the building and 46 spaces outside. A 5' sidewalk will be installed along the entire 1100' length of the property plus 700' on to Armond Lane. He distributed and reviewed a colored rendering showing the architecture. Buildings are 110 ' from the east property line and 70' from the west. Heights of the buildings will be 45' . Mr. Lake reviewed water retention and sanitary sewer and water connections. In response to a question from Trustee Bogart, Mr. Holzrichter stated that he would be willing to increase the water line from 8" to 10" if it is found necessary for future development. COMMITTEE OF THE WHOLE MAY 8, 1978 PAGE SEVEN Plan Commissioner Button reported that on January 18, 1978, the Commission voted to recommend approval of this proposed plan, petition for annexation and zoning subject to certain conditions that have been taken care of. It was noted that the Village of Wheeling was not sent notice of this hearing. It was requested that they be notified when the matter is placed on a regular Board meeting agenda. Trustee Marienthal read from the Plan Commission minutes comments made at their public hearing by representatives and residents of Wheeling. It was decided that the annexation agreement should include a paragraph regarding the method by which the height of the buildings should be determined. Ordinances and agreement will be put in final form. The public hearing closed at 10:50 P.M. Lake Michigan Water Transmission Committee Because of Trustee Keister's resignation, President Fabish appointed Trustee Rech Chairman of the Lake Michigan Water Transmission Committee. He then appointed Trustee Marienthal as a member of the committee. Arlington Heights Road (Cook County) Trustee Mendenhall expressed concern over the condition of Arlington Heights Road (Cook County portion) during its reconstruction. Mr. Balling said the Police Department has established a 24 hour hot line with the contractor to keep the road passable. Mr. Balling noted that there will be continual problems with the road until construction is complete, but he will use his best efforts to secure it. Adjournment The meeting adjourned at 11 :00 P.M. Ve a L. Clayton, Village rk 1 .hs'