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1980-02-11 - 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, ILLINOIS, HELD MONDAY, FEBRUARY 11 , 1980, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS President Clayton called the meeting to order at 7:35 P.M. Roll call indicated the following present: President Clayton; Trustees Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske. Also present were William Balling, Village Manager; William Sommer, Assistant Village Manager. Trustee Marienthal announced that there is now cross-country skiing at the Buffalo Grove Golf Course, at no charge. Trustee Hartstein asked the newspapers to highlight the fact that the final date for voter registration will be Tuesday, February 19, 1980, irC order to vote in the upcoming municipal election, and the primary election. Mr. Balling introduced Miss Ingrid Baumbach, the new administrative assistant for the Village. President Clayton welcomed Miss Baumbach to the staff. CONTINUED PUBLIC HEARING - THREAD CREEK INDUSTRIAL CENTER President Clayton called the Public Hearing to order at 7:40 P.M. President Clayton read the notice which was published in the Buffalo Grove Herald on January 11 , 1980. She also explained the purpose of the Public Hearing. President Clayton introduced Mr. Lawrence Friedman, the attorney for the petitioner, with offices at 77 W. Washington, Chicago. Mr. Friedman went over some of the background on this piece of property. He stated that they wish to annex the 12.5 acre parcel at Busch and Weiland Roads. If this 12.570gcel can be marketed and developed under the M-1 (or I) classification, they would then be agreeable to annexing the remaining 25 acres which they own. The agreement places no requirements on the Village for the remaining 25 acres, nor does it place any requirements on their company. Mr. Friedman said that his client will not be the developer of the property. He said that they hope ultimately to complete the annexation and rezoning, and close their transaction; the new buyer would then come before the Village for subdivision approval . At this point, they have no concept as to how the lots will lay out. They are seeking no variations from the M-1 , nor from the proposed I ordinance. President Clayton asked if there were any other agencies or groups who wished to make comment regarding the proposed develop- ment. Mr. Balling read a letter from School District 102 dated February 11 , 1980 and on file in the Clerk's office, which expresses their total support for this annexation request. President Clayton asked if there were any questions from the audience. There were none. COMMITTEE OF TI� J1HOLE FEBRUARY 11 , l ' PAGE TWO Mr. Friedman reviewed the matters in the annexation agreement which are still being considered by his client. Mr. Goldspiel spoke for the Plan Commission, and explained that they had recommended approval under the present zoning. He said that the Plan Commission did not get to see the annexation agreement; if they had known that there would be a problem with the bike path, they would have spent more time on it. The first item of concern in the annexation agreement is on page 3, subparagraph c. Mr. Balling explained that there must be a definition of a major street. He then gave some explanation of the vehicles to be used to bring the inter- section up to Village standards. Mr. Friedman stated that he does not foresee any problem with anything in the paragraph; it is just something he would like the engineer to look into. The next item of concern is on page 3, subparagraph e, dealing with the bicycle path. Mr. Balling stated that the need for clarification prior to planning relates to the status of the public land, should there be any. Mr. Friedman stated that he personally had no problem with this, but his client had some concern about running a bike path through an industrial area. Mr. Goldspiel stated that there is a fairly large section in the center of the parcel , which is questionable as to whether or not it is buildable. Therefore, it seemed logical reasoning for the possibility of a strip park in that area. President Clayton asked if Mr. Friedman 's client would have a problem with the wording of this paragraph. Mr. Friedman-stated that his client would not: have. a problem with the-wording. He said they did not have a problem with the bike path itself, but with the location. President Clayton polled the Board: "Yes" indicates favor of the wording of subparagraph e as it is now; "No" indicates opposition. YES: Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NO: None The next item is paragraph 6, referring to the 16" water main. Mr. Friedman stated they are merely checking the engineering aspects of this. The next item is 8, C on page 5. Mr. Friedman said that he is just waiting to hear from his engineer that this is feasible. The next item is 8, D on page 5. This item pertains to the central detention basin, and Mr. Friedman is again waiting for his engineer 's opinion. The next item is 9 on page 5, pertaining to the annexation fee. Mr. Friedman stated that this is a mutual experiment on their part, and he would like some consideration on the part of the Village with respect to the fee. Mr. Balling stated that there is no precedent for annexation in M-1 zoning. He said that the policy for residential development is scheduled at $200 per single family equivalent. Non-residential has been targeted at the single-family rate using a 3/acre density, or $600. COMMITTEE OF TH WHOLE FEBRUARY 11 , 1980 PAGE THREE Trustee Hartstein thinks that we should do all we can to encourage this type of development. This might be a small accommodation in that regard. He feels the Board should give consideration to either waiving or reducing the fee. Trustee O'Reilly agrees that the Board should consider waiving the fee. Trustee Marienthal stated that he wants to be sure the Village recovers its costs. President Clayton asked if the Board agreed that, rather than doing a polling, they would request staff to come back with more information on the costs involved which the proposed $7,530 would have to cover. This was agreeable to the Trustees. The next item is paragraph 20 on page 8. Mr. Balling stated that this is a variable based on the bike path. Mr. Friedman stated that there is no need to comment on this. He is just having his engineer check it out. Trustee Marienthal asked Mr. Friedman when it would look like they would be coming back with their comments. Mr. Friedman stated that they should be ready by March 3, 1980. Trustee Hartstein urged Mr. Friedman and his client not to delay so that staff will have no problem reviewing the information in time for the March 3, 1980 meeting. President Clayton felt the Board should be polled regarding the concept of zoning under M-1 with the idea that it will be rezoned to the I within 30 days after the I ordinance is passed. Mr. Raysa stated that he does not like making a contract to make a contract in the future, when we don't know presently what the I ordinance will be. As long as the I ordinance is not passed, it is obviously still being reviewed. Mr. Raysa feels that something could be changed which would affect this annexation agreement. Mr. Sommer stated that the I ordinance is still in workshop with the Plan Commission, and will not be before the Plan Commission again until at least March 5, 1980. Mr. Goldspiel stated that the reason the Plan Commission made the recommendation that it did was so as not to delay the annexation. Mr. Friedman stated that his concern is that they only have one prospective buyer. He said that his position with this buyer is tenuous because the contract that he had with him ran out on January 31 , 1980. He has had verbal assurance with the buyer that they will still close, but only if the situation can be concluded within the next few weeks . He is concerned that if he has to wait for the I ordinance, he may lose his buyer, and, therefore, also immediate development, beneficial to both him and the Village. Mr. Raysa would prefer to have the developer agree to whatever the I zoning turns out to be. Mr. Friedman stated that he could not agree to a document without knowing its provisions. \/' COMMITTEE OF T4rdWHOLE FEBRUARY 11 , 1980 PAGE FOUR Mr. Raysa stated that sometimes, between the Public Hearing, and the final product passed by this Board, there can be some major revisions. President Clayton polled the Board: "Yes" indicates favor of continuing on in the manner in which the annexation agreement is written; "No" indicates opposition. Mr. Raysa pointed out that, prior to the final draft of the annexation agreement, staff might have another revision of the I ordinance, which might answer some of the questions which he has. YES: Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NO: None Mr. Balling pointed out the peculiarity of property coming in without a site plan. He said there is no problem with this; it just does not follow the traditional annexation procedure. President Clayton asked if anyone had any objections to following this procedure. There were no objections. Mr. Balling stated that if annexation occurred on March 3, 1980, the outcome of the March 1 , 1980 municipal election could have an impact on paragraph 12. Mr. Raysa felt the Public Hearing should be continued, rather than closed. Mr. Friedman asked if the Public Hearing could be closed on March 3, 1980, and, providing agreement is reached on all points, Board action taken in the Regular Meeting. President Clayton stated that would be correct. In answer to a question from Mr. Raysa, Mr. Friedman stated that he has ordered the entire parcel to be resurveyed. President Clayton continued the Public Hearing to March 3, 1980. The time was 8:25 P.M. NORTRAN Trustee Kavitt stated that he had been at a Northwest Municipal Conference meeting where Nortran made a presentation. At that time, Nortran stated that they were looking for new members for Nortran. Mr. Kavitt then made the arrangements to have Nortran make their presentation before the Board and the Transportation Commission this evening. Mr. Leonard Eisenberg, Chairman of the North Suburban Mass Transit District, and a Trustee from Glencoe, introduced the representatives from Nortran who were present. Mr. Eisenberg stated that they were here tonight to ask Buffalo Grove to join Nortran. Mr. Wally Flintrup, a Trustee from Skokie and a member of Nortran, passed out packets explaining what Nortran is about. He said they have been talking to communities that are not presently members of Nortran to explain the advantages of becoming members of Nortran. He then gave a brief history of Nortran. COMMITTEE OF T'WHOLE FEBRUARY 11 , 1980 PAGE FIVE Mr. Flintrup introduced Trustee Mahoney. Mr. Mahoney stated that Nortran presently has 21 communities as members. He said that they started with 18 bus routes, and they now have 31 routes. Mr. Mahoney also explained how Nortran was getting involved in rail operations. Trustee Mahoney introduced Trustee Benton from Deerfield. Mr. Benton reviewed the benefits that the Village would receive from joining Nortran. He said that, by joining Nortran, the Village would have a representative on the Board, and, therefore, a voice in the future of Nortran. In answer to a question from the Board, Mr. Benton stated that the recent route changes on the 690 would not have been made without consulting the Trustee from Buffalo Grove, had the Village been a member of Nortran. Mr. Eisenberg stated that Nortran owns the buses, and is directly responsible for the drivers. Mr. Goldspiel stated that he had the highest regard for Nortran, and said that Nortran had gone out of its way to work with the Village. Mr. Eisenberg stated that Nortran does have taxing power, provided that there is a referendum throughout the district. He said that, as things stand now, there will never be a need for a tax. He stated again that, before a tax could be levied, a referendum would have to be passed in all communities that were members of Nortran. In answer to a question from the Board, it was stated that RTA presently owns the buses, because Nortran gave them to the RTA. Mr. Pinzur gave the comments from the Transportation Commission regarding whether or not the Village should join Nortran. He stated that they felt that the Village would have much more power in mass transit if we are members of Nortran, than we would if we are not members. The Commission feels that the cost would be worth- while. Mr. Goldspiel stated that the Transportation Commission was unanimous in their feeling that the Village should join Nortran. He said that he personally feels that there is something very positive in being associated with a group that works so well . Trustee Hartstein stated that, based on what has been presented tonight, and the feelings of the Transportation Commission, he would urge the Board to go along with joining Nortran. He feels we should join the team and work with neighboring communities in furthering mass transit. President Clayton stated that she wanted to second what Mr. Goldspiel and Mr. Pinzur said, and she feels that we should be part of the team and work with Nortran to get the most that we can out of RTA for the Village. Trustee Kavitt concurred with President Clayton. Trustee Marienthal stated that he was not against mass transit, but he does not see why the Village should have to pay to join another level of government. COMMITTEE OF T' WHOLE S./ FEBRUARY 11 , 1 PAGE SIX President Clayton polled the Board: "Yes" indicates favor of including $2,200 in next year 's budget to join Nortran; "No" indicates opposition. YES: Stone, Hartstein, Kavitt, Gerschefske NO: Marienthal , O'Reilly It was stated that the $2,200 could come out of the Village's MFT funds . President Clayton thanked all the members from Nortran for their presentation. She also thanked the members of the Transportation Commission for their input. RECESS President Clayton declared a recess from 9:35 until 9:50 P.M. CHEVY CHASE UTILITY COMPANY Mr. Robert Johnson, an attorney with the firm of Sonnerschein Carlin Nath & Rosethal , representing the Chevy Chase Sewer and Water Company, a utility company which provides water and sewer services to 75 single-family homes, 4 restaurants , one 2-story office building, and the Chevy Chase Country Club, stated that he is here tonight to request that the Village give its consent to the connection of the Chevy Chase sewage system to the Lake County Des Plaines River plant. Such consent is required by Lake County, pursuant to the agreement for sewage disposal between the Village and the city which was entered into in 1972. This area falls within the sphere of influence of Buffalo Grove. The EPA has alleged that the discharges from their sewage treatment facility have not met standards which have been established by the EPA, and that Chevy Chase has thereby violated the Illinois Environmental Protection Act. In an attempt to settle the case, they have explored every possible alternative to remedy the situation. The problem is that the Chevy Chase sewage plant is a very old plant, and it is basically inadequate under the present pollution control laws. They have had a study done, and that firm determined that, in order to meet the standards that are being required of them by the EPA, it would cost about $745,000. They do not want to spend that much money. They believe the best alternative is to phase out the Chevy Chase plant by the construction of a line from the Chevy Chase facility to the trunk line which exists at the southern boundary of the Inverarry subdivision. The steps involved in doing this are: 1 . They must obtain the Village's consent for the construction of the line. 2. Lake County must agree to the transfer of the ownership of Chevy Chase's sewer system to Lake County. 3. Lake County must apply for and obtain a federal or state grant for 75% funding of the construction of the line. As presently contemplated, the line that he referred to is a line that will consist of 3,000 linear feet of 15" gravity sewer, and 1 ,600 linear feet of a 6" force main with a lift station. The total cost for the planning and construction �-/ of that line has been estimated at about $180,000. He is here merely to ask for the consent of the Village so that this situation can be remedied. COMMITTEE OF T ,WHOLE FEBRUARY 11 , 19 86 PAGE SEVEN Mr. Johnson stated that his firm does represent the Johnson's. It was stated that no one on the Board wishes to see a pollution problem exist. Trustee Marienthal stated that he personally did not want to give up the Village's sphere of influence because of the property surrounding the treatment plant. President Clayton stated that annexation would be in a manner in which this situation could be solved. Mr. Johnson stated that annexation would take too long to satisfy the EPA. President Clayton pointed out that annexation does not take 2 or 3 years, and also that the Village has been working with these people since 1975. Trustee Stone pointed out that this is not a new problem. During that time, annexation was discussed with the Johnson family, who led the Village to believe that annexation was imminent. They then withdrew and started negotiations with another Village. Mr. Stone stated that he personally would not consider this situation without annexation. Trustee Hartstein feels that the Village might have an environmental responsibility to do what it can in terms of alleviating a long-standing environmental problem. If this can be done without affecting the Village's sphere of influence rights on the remaining property, he feels that it would be in our best interests to do so. President Clayton stated that they have been in violation since 1975. Trustee Hartstein asked if the Village could be compelled to consent by the courts. Mr. Raysa answered "No", based on the assumption that there is an alternative remedy. Trustee Kavitt stated that the statements that Trustee Hartstein and Trustee Stone have made both make sense. He suggested that, since the Johnsons are not present tonight, the matter be continued to another meeting when the Johnsons are present to see if a solution can be worked out that is satisfactory to all parties. Trustee Kavitt asked that the matter be tabled until all parties could be present. President Clayton asked if there were any objections to Trustee Kavitt 's suggestion. There were none. PRE-APPLICATION CONFERENCE - THE ORCHARDS (ANNEXATION OF 4.73 ACRES ON WEILAND ROAD NORTH OF LAKE-COOK ROAD) President Clayton introduced Mr. Mansukhani . Mr. Mansukhani displayed a plan, and stated that the proposed development would be 66 units. There would be four 12-unit buildings, and one 18-unit building on 4.73 acres. The total coverage per building would ':,e 27,800 square feet. The number of garages provided would be twice the number of units. They intend to keep the present landscaping as much as possible. The location of the property is approximately 800' north of the intersection of Weiland and Lake-Cook Roads. The staff recommended that a bike path be incorporated into the plan, which has been done. The proposed • COMMITTEE OF T WHOLE we FEBRUARY 11 , It PAGE EIGHT `% density is 13.95 units per acre. There is 8,000 square feet of recreational area. The total building coverage is 83,000 square feet of the 205,969 square feet in the parcel . There will be 132 parking spaces. Trustee Marienthal asked if they could build the buildings higher and provide underground parking spaces to open up more green area. Mr. Mansukhani stated that the architect had put together a plan which he thought was best; however, he stated that underground parking would be a possibility. Trustee Marienthal also stated that he would like a tree survey for the Plan Commission 's review. Trustee Hartstein stated that this plan seems to be compatible with the surrounding property (Steepleview) . Trustee Gerschefske stated that he has a concern regarding the traffic pattern, in that it doesn't seem to tie in with the connecting developments. Mr. Mansukhani stated that they had attempted to buy the property directly to the south, but that the owner would not sell . In answer to a question from Mr. Crosland, Mr. Mansukhani stated that they were aware of the ordinance pertaining to open space, and that they were told that there was a bike path to the south which would be contiguous. Mr. Crosland and Mr. Mansukhani will meet to work out details. President Clayton stated that she shared Trustee Gerschefske's concern about the property directly to the south. President Clayton polled the Board: "Yes" indicates favor of pursuing this concept; "No" indicates opposition. YES: Marienthal , Stone, O'Reilly, Hartstein, Kavitt NO: Gerschefske President Clayton stated that this would be put on the agenda to be referred to the Plan Commission, along with the concerns voiced this evening. Trustee Marienthal suggested that the minutes from this meeting go along with the referral to the Plan Commission. ADJOURNMENT Moved by Kavitt, seconded by O'Reilly to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned- at 10:50 P.M. � n501A �U{ti )t.51A_ Janet IkSirabian, Village Clerk