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1982-04-12 - 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 APRIL 12, 1982, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Clayton called the meeting to order at 7:31 P.M. Roll call indicated the following present: President Clayton; Trustees Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, and Schwartz. Also present were: William Balling, 'tillage Manager; William Raysa , Village Attorney; James Doyle, Assistant Village Manager; James Truesdell , Village Planner; Gregory Boysen, Director of Public Works; and Richard Kuenkler, Village Engineer. LAKE MICHIGAN WATER President Clayton reported that she and Trustee O'Reilly had attended the groundbreaking ceremonies for the Lake Michigan Water pipeline; Mr. Balling, Mr. Boysen, and Mr. Brimm also attended the festivities. COMMUNITY DEVELOPMENT BROCHURE Mr. Balling reported that the Village is periodically requested to assemble and forward general information regarding the community to prospective developers. He would like to propose to the Board that the Village put together a professionally-drawn brochure which could be sent to prospective developers. Mr. Doyle checked into this possibility and thinks this could be done within a 4-page brochure; one suggestion would be to publish this in lieu of one of the four newsletters published each year; another would be to work with the Department of Commerce and Community Affairs at a nominal cost. Discussion followed by the Board on these suggestions. President Clayton polled the Board: "Yes" indicates favor of developing this brochure, funding to be identified by staff, and a proposed plan to use this (favor of the whole concept along with the plan , developing the brochure, and how it is going to be funded) ; "No" indicates opposition to this particular proposal : YES: Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NO: None SIDEWALK SNOW PLOWING Trustee Gerschefske introduced this subject, and referred to Mr. Boysen 's memo of March 23, 1982. Trustee O'Reilly stated that she agrees with Mr. Boysen 's appraisal of the problems involved in the Village doing the snow removal on sidewalks ; however, for the safety of children going to school , she would like to Board to reconsider drawing up an ordinance to require residents to shovel their walks within a 48 hour period. Mrs. Norma Lyne stated that she feels sidewalks should be shoveled for children's safety. Mr. Raysa pointed out that Chapter 24, Section 11 -80-13 of the Illinois State Statutes gives the municipality the right to require the owner or occupant of the premises to keep the sidewalks abutting the premises free from snow. The Illinois Supreme Court upheld a case which allowed a city to have such an ordinance which requires an individual to remove the snow from sidewalks abutting his premises . The State Legislature has now passed Chapter 70, Section 201 , which held that it is the public policy of this State not to hold a person liable for simple negligence; the liability can only attach if it is willful and wanton, which would be highly difficult to prove. Mr. Raysa then reviewed what was discussed in 1980 regarding COMMITTEE OF THE WHOLE APRIL 12, 1982 PAGE TWO handicapped persons , elderly persons, or persons on vacation being able to comply with the proposed ordinance. Trustee Stone thinks this ordinance would be overgoverning the residents. Mrs. Sandy Bornstein stated that she thinks an ordinance is the only way to get residents to shovel their sidewalks , since they do not do so without regulations. Trustee O'Reilly pointed out that at the last meeting, it was stated that one reason that the non-rush hour buses must be routed on internal streets was that there are approximately 150 school children using them, and if busses were not available, there would be much more auto traffic on the streets when parents must pick their children up at school . She stated that many families drive their children to school because the sidewalks are not shoveled , and this auto traffic could be eliminated if the sidewalks were cleared . It was suggested that one way to enforce this ordinance would be to cite someone who had cleared their driveway of snow, but had not cleared the sidewalk. Residents who are handicapped, out of town, etc. could make arrangements to have the walks shoveled , just as arrangements are made to have the lawn cut. Further discussion followed on all aspects of the proposed ordinance, including enforcement. President Clayton polled the Board: "Yes" indicates favor of having the Village Attorney prepare an ordinance that would require citizens to clear their sidewalks of snow within a certain period of time; "No" indicates opposition: YES: O'Reilly, Hartstein*, Schwartz, President Clayton NO: Marienthal , Stone, Gerschefske *Trustee Hartstein qualified his vote depending upon how the ordinance is put together. President Clayton polled the Board : "Yes" indicates favor of the Village creating a program to clear sidewalks of snow; "No" indicates opposition: YES: None NO: Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz SPOERLEIN FARM Mr. Ted Shapero, attorney representing Mr. Mastandrea, stated that , after the Board meeting of February 15, 1982, they had put together a new Plan J. The new design shows the commercial at 40% (48,000 square feet) , the residential at 60%, and the parking has been increased. Mr. Rick Burton stated that the residential area shown on Plan J is 12.7 acres, with 152 dwelling units (11 .9 units/acre) ; the commercial area is 7.6 acres , with approximately 48,000 square feet of commercial and office space. Mr. Burton noted the location of the service station, and a proposed restaurant. The total parking ratio for the residential area will be 2.3:1 . Mr. Burton then discussed the street variation which they are requesting, as well as various other specifics of the site. COMMITTEE OF THE WHOLE APRIL 12, 1982 PAGE THREE Trustee Marienthal voiced a concern with the number of curb cuts along Route 83; he also stated that he did not wish to see variations to present Village ordinances when it comes to an annexation. Trustee Stone stated that he agrees with Trustee Marienthal regarding the variations; he is also concerned about the number of curb cuts; and he thinks the density is too high. Mr. Stone also stated that he is somewhat disappointed in Plan J , because he was under the impression that this was going to be a unique development. Trustee O'Reilly is also concerned with the number of curb cuts, the setbacks for the contiguous residential areas, the variations, and thinks that it is overbuilt. Trustee Hartstein echoed the statements already made; he is disappointed in the reconfiguration of the commercial area; and he thinks that the proposed residential is too close to the present residential area. Trustee Gerschefske stated that he was in favor of remaining with the "New England" type theme for the commercial area. Mr. Shapero stated that they had no intention of changing the "New England" theme, and he was not aware of where the Trustees and staff had acquired this notion. Phasing of the project was then discussed. Trustee Gerschefske stated that he is also concerned with the curb cuts on Route 83, and he liked the residential layout of the plan. Trustee Schwartz stated that he is concerned with the setbacks, the curb cuts, and the rights-of-way. He also stated that he does not now see the clustering which he was impressed with in the previous plan. President Clayton stated that she is concerned with the density. Mrs. Clayton also stated that when the original PUD ordinance was discussed, it was her understanding that the development would be receiving some amenity in order to give a variance. Mr. Mastandrea stated his disappointment in the time being spent on this particular development, and he would like specific information from the Board. Mr. Rick Burton stated that he had spoken with Mr. Truesdell on March 17, 1982 and Mr. Truesdell stated that Plan J answered the concerns of the Village Board; Mr. Truesdell then stated that there were some details that he had some problems with, but he felt these details could be worked out. Mr. Truesdell stated that he and Mr. Balling had met with Mr. Burton and decided that increase in commercial and lowered density would meet the concerns of the Board; one of the reasons that Mr. Truesdell requested a loop street would be to create some clustering and more open space. In his memo, Mr. Truesdell stated that there were a number of things in the new plan that have responded to the concerns of the Board, and that he would review the plan. In a subsequent telephone conversation with Mr. Burton, Mr. Truesdell told Mr. Burton that his main concern was the density, and that his thinking was that this product seemed to be too tight for this property. Mr. Balling commented on the policy regarding density. Discussion then took place regarding the apparent misunderstanding between the developer, the Board, and the staff; and also the marketability, and acceptability to the Village, of this development. Disappointment was expressed that the staff and the developer did not seem to pick up on th.e points raised by the Board at the last workshop meeting regarding this development. It was the consensus of the Board that this development should COMMITTEE OF THE WHOLE APRIL 12, 1982 N./ PAGE FOUR not come back to the Board level until there i.s a plan that the developer and staff can agree on. Mr. Shapero stated that he thinks that, after this meeting, the direction of the Board is clear, and they will work on the concerns raised. A resident of the contiguous single-family homes stated that they do not wish to see the high community standards of Buffalo Grove lessened; their concerns are parks , density, and the buffer areas. RECESS President Clayton declared a recess from 9:25 P.M. until 9:40 P.M. TOWN CENTER/VILLAGE GREEN Trustee Hartstein reported on the Committee meeting on this subject. He stated that the consensus of the Committee was that it would be desirable to have a Village Green; he then highlighted the other decisions of the Committee. The minutes of these Committee meetings, as well as a report from James Truesdell , are on file in the Clerk's office. Trustee Hartstein also reviewed the finances regarding the proposed Village Green; i .e. the cost of same, and the method of financing to be used. Trustee Hartstein stated that he thought the Committee accomplished a great deal. President Clayton thanked the Committee for the time and effort that they put into this. President Clayton polled the Board: "Yes" indicates favor of the recommendation of the Town Center Blue Ribbon Committee; "No" indicates opposition: YES: Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NO: None BUFFALO GROVE BUSINESS PARK - OFF-SITE SANITARY SEWER Mr. Tim Beechick of the Trammell Crow Company introduced himself to the Board, and stated the interest of Trammell Crow in sanitary sewer recommendation. Trustee Marienthal noted Mr. Kuenkler's memo of April 7, 1982 addressing this particular project and the recommendation regarding the sanitary sewer. Mr. Beechick stated that they see a potential problem in the location of the sewer as is crosses the golf course; their main concern with this location is the timing of the project. Mr. Kuenkler and Mr. Balling explained the timing sequence for this project. Mr. Beechick stated that they would be satisfied if they were told by the Village that September would be the time that the work could be done. Dis- cussion followed on the installation of this sanitary sewer. Mr. Balling stated that staff wished to bring their recommendation to the Board on the alignment; they would like to proceed with the final easement documents and bring them back to the Board as soon as possible. President Clayton polled the Board : "Yes" indicates favor of recommendation #1 in Mr. Kuenkler 's April 7, 1982 memo to Mr. Balling, which is to reaffirm the proposed alignment as it relates to Village owned properties, treatment �./ plant and golf course, subject to required easements from other property owners; COMMITTEE OF THE WHOLE APRIL 12, 1982 PAGE FIVE "No" indicates opposition: YES: Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NO: None President Clayton again polled the Board: "Yes" indicates favor of recommendation #2 in the above mentioned memo, which is to permit con- struction of the sewer on the golf course property up to and including MH 18; "No" indicates opposition: YES: Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NO: None President Clayton again polled the Board: "Yes" indicates favor of permitting construction of the sewer from MH 18 to the business park property after October 1 , 1982, with the possibility of beginning on September 13, 1982 upon the recommendation of Mr. Molinaro and the staff; and also that con- struction begin during the middle of the week so that it does not encompass two week-ends ; "No" indicates opposition: YES: Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NO: None ADJOURNMENT Moved by O' Reilly, seconded by Stone, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10: 17 P.M. Q o.,, .i . ,4..',./t6-rl? ,,. Janet M. irabian, Village Clerk u