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1976-12-20 - Village Board Regular Meeting - Minutes 4810 12/20/76 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, DECEMBER 20, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabich 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 Rech, Driscoll , Carroll , Marienthal ABSENT: Trustees Mahoney, Bogart Also present were Daniel Larson, Village Manager; Richard Raysa and William Raysa, Village Attorney; Carl Rapp, Director of Community Development; William Davis, General Superintendent of Public Works ; and Tom Fennell , Chief Inspector. 1 . Minutes of December 13, 1976 Moved by Rech, seconded by Driscoll to approve the minutes of the regular meeting of December 13, 1976. Trustee Carroll requested on page 4807, her "yes" vote to be clarified as being because the Village Engineer felt he could control the drainage on the smaller lots. Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Carroll , Marienthal NAPES: 0 - None ABSENT: 2 - Mahoney, Bogart Motion declared carried. 2. Warrant #350 President Fabish presented Warrant #350, in the amount of $185,914.29. Moved by Marienthal , seconded by Rech to approve Warrant #350. Several items were questioned, but no changes made. Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Carroll , Marienthal NAPES: 0 - None ABSENT: 2 - Mahoney, Bogart Motion declared carried. 3. President 's Report Kohl 's Supermarket President Fabish stated that he has received calls from residents questioning why the Village is providing traffic control at Kohl 's Supermarket. He explained that Kohl 's hires off-duty police officers at a cost of $15 per hour per man. He said the Village does not pay for private openings. 4811 12/20/76 Appearance Control Commission Appointment President Fabish appointed Ron Helms as Chairman of the Appearance Control Commission. Moved by Carroll , seconded by Rech to concur with the appointment. Upon voice vote, the motion passed unanimously. Ridgewood Subdivision President Fabish read a memo, dated December 20, 1976, from Mr. Larson stating that Centex Homes is asking for building permits to complete their model homes �•/ in Ridgewood prior to final plat approval . Robert Fogarty, construction manager, of Centex Homes, said they have received final approval from the Plan Commission, Appearance Control Commission , and the Village Engineer. Two items are yet to be done for final plat approval , 1) the agreement providing for the well and water reservoir, and 2) County approval . Mr. Larson said the attorney for Centex and the Village Attorney will be meet- ing this week to prepare a final draft of the water agreement for presentation to the Village Board. Trustee Marienthal did not feel it would cause the developer undue hardship to wait until the water agreement is approved. Mr. Fogarty said that the foundations should be protected from the winter weather. Mr. Fogarty said their key time for sales is the last week in January through March. He said that they have agreed to honor their portion of the water agreement. Trustee Rech said her position is to not allow any further subversion of the planning process. She did not like it that developers are appearing every Monday night requesting approvals without being on the agenda. She felt it is unfair that the Board is asked to act on approvals without proper documentation. Trustee Carroll did not feel this type of request is a legitimate question from the audience or item for president 's report , but that it should be an agenda item. Mr. Larson said the staff met with Centex representatives on Friday, and at that meeting, Centex agreed to honor their portion of the water agreement, and to show the Village' s good faith, it was decided to bring the matter to the Board. Mr. Fogarty said that part of the problem with the water agreement was that the Village had requested to construct the facility rather than Centex, CORRECTION which is different than provisions of the annexation agrecm nt. Tr stee Rech said the reason for the requested change in construction/) Whig Centex had come in with a change in plan which changed the Village's program regarding CORRECTION Well #6. *Mr. Larson said items cannot be placed on an agenda without all proper documentation prepared and all requirements met. Moved by Carroll , seconded by Rech to deny the request of Centex Homes for building permits to complete their model homes. Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Carroll , Marienthal NAYES: 0 - None ABSENT: 2 - Mahoney, Bogart Motion declared carried. 4. Questions from the Audience There were no questions from the audience. 4812 12/20/76 5. COMMITTEE OF THE WHOLE Yard Variation The Board reviewed the request of Ronald Peterson , 155 Weidner, for a side and rear yard variation to permit construction of a 2 car garage. The Z.B.A. denied the request because it was beyond the 1/3 variation allowable under the Zoning Ordinance. Mr. Raysa advised that the Board may not grant a variation beyond the provisions of the Ordinance. Mr. Peterson said that he has modified his plan so that it now is within the allowable variations. He said the allowable distance between the existing home and proposed garage is not clear to him. He asked if the 10' requirement • could be varied. Rich Heinrich, Chairman of the Z.B.A. , referred to the definition of rear yard in the Zoning Ordinance and Article 7, Section 2 (Accessory Buildings) , and said the 10 ' requirement is not variable because it is not a yard requirement, but is a specific distance from a lot line. He said it is the opinion of the Village Attorney and the Z.B.A. that the 10' variation from the dwelling unit to the garage cannot be varied, and they question if the 10 ' from the rear lot line to the garage can be varied. He said the Z.B.A. considered if it would be prudent to modify the Zoning Ordinance to provide for this situation, and the unanimous decision of the Z.B.A. was to not change the Zoning Ordinance because it is a safeguard to the homeowner and the Village and it also controls the amount of ground coverage on the lot. Mr. Peterson said that he has received nothing but encouragement from his neighbors with regard to his plans. Trustee Carroll noted from the Z.B.A. public hearing minutes that the hardship was that the Petersons need an extra bedroom and a 2 car garage since they have 3 children. She asked why these 2 items were not done instead of the family room addition that was done previously. Mr. Peterson said they could live in the house as it is; however, their plan for the last 4 years was to CORRECTION have thtte house row hhwith their family. *Trustee Carroll did not see the hardship atsthat to mel. raow hardship was for the bedrooms , they should have been built In response to a question from Trustee Marienthal , Mr. Peterson said it would not be feasible to add the bedroom south of the family room because of the way the family room was constructed. Trustee Marienthal said if this were done, it would meet the requirements of the Zoning Ordinance. Moved by Carroll , seconded by Rech to deny the request of Mr. Peterson for side and rear yard variations. Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Carroll , Marienthal NAYES: 0 - None ABSENT: 2 - Mahoney, Bogart CORRECTION Motion declared carried. *Trustee Rech stated that the denial was based upon the y t that this request was beyond what Villa e Mr. Heinrich reported that the 2 % MesispwaCt1ga raIP it3 tfM a $ r§t t9VAY. as requested by the Board. He said a report would be presented at the next regular meeting. He said the Z.B.A. is also working on a proposal for amend- ment to the Zoning Ordinance with regard to parking as requested. 4813 12/20/76 Heritage Place William Lyman of C. A. Hemphill and Associates was present to request approval of new model homes. He displayed and reviewed plans for these models. President Fabish read the Appearance Control Commission report recommending acceptance of the models. Moved by Marienthal , seconded by Rech to approve Model Home Type 63 A, B, and C, opposite versions as a plan variation for Model Type 61 A, B, and C, Model Type 110 A, B, and C, and 111 A and B. Upon roll call , the vote was: AYES : 4 - Rech, Driscoll , Marienthal , Fabish NAPES: 1 - Carroll ABSENT: 2 - Mahoney, Bogart Motion declared carried. Strathmore Grove Upon recommendation of Mr. Rapp, it was moved by Rech, seconded by Marienthal to accept public improvements in Units 1 and 2 of Strathmore Grove along with a one year agreement for maintenance by the Village. In response to a question from Trustee Rech, Mr. Rapp said parkway trees, grass, and retention basins are covered under the performance bond. He said the Village will accept either a bond or letter of credit. Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Carroll , Marienthal NAPES: 0 - None ABSENT: 2 - Mahoney, Bogart Motion declared carried. Six Month Financial Report Mr. Larson presented the six month report for fiscal year 1976-77. Regarding expenditures, he said departments were within their budgets. President Fabish asked if any major expenditures are anticipated for the final six months . Mr. Larson said repair to Well #3 will be discussed later this evening. One large expenditure will be approximately $70,000 for 4 trucks. In response to a question from Trustee Marienthal , Mr. Larson said funds are �•/ available to pay for the trucks. Trustee Marienthal was concerned that the golf course has not generated the expected amount of revenue. He said that other public courses in the area have remained the same or exceeded the amount expected for the year. Trustee Driscoll requested a staff report explaining why this has happened. Trustee Rech was concerned with a newspaper article which stated that the Village had filled a deficit with cash flow. Mr. Larson said the reason the Village was able to cover expenses was because he year was begun with cash on hand. Trustee Rech felt the news articl /wsleading. 4814 12/20/76 Trustee Rech requested that wash items , such as Police Pension Fund and IMRF Fund, be so indicated. She felt that if this is not done, it looks as if there is more revenue than there is. Mr. Larson said the nine month report will clarify all reimburseable items. Muller Farm Moved by Carroll , seconded by Rech to remove from table consideration of the request for annexation of 86.2 acres located on Busch Road east of Route 83. (Muller Farm) Raymond Green , contract purchaser of the Muller Farm, said that they propose a combination R-5/R-6 zoning. Robert Cowhey, engineer, reviewed a preliminary site plan for the property. The property is adjacent to the Levitt/Surety property. Lots in the R-5 area will be 60 X 120, and lots backing up to the green space will be in the R-6 area and will be 60 X 110. He said they will request some change in detention ponds which will be effective in eliminating some of the smaller detention ponds. No variation on lot size will be requested. Fifty-nine lots out of the 302 will be in R-6. Approximate density will be 3.5. Trustee Marienthal noted that he has stated he will not vote in favor of any more developments containing R-6 zoning for single family homes. Mr. Cowhey said all R-6 lots will abut green space. He said they would be willing to trade off some of the green belt for the R-5 zoning, but he felt the Village should not lose the interconnection of bicycle system. Trustee Rech was concerned with retention , park area, and agreements with Levitt; however, because the request is primarily for R-5 zoning, she saw no consequences with referring it to the Plan Commission. Moved by Rech, seconded by Driscoll to refer the request to the Plan Commission. Upon roll call , the vote was: CORRECTION AYES: 4 - Rech, Driscoll , Carroll , Fabish *Trustee Marienthal said a NAYES: 1 - Marienthal preponderance of the annexation ABSENT: 2 - Mahoney, Bogart agreements that were coming before Motion declared carried. the Board were of the R-6 nature. Well #3 The Board reviewed a report, dated December 20, 1976, from Mr. McCoy regarding needed repair to Well #3. Mr. Davis recommended the bronze bowl assembly because it has a greater life expentancy. Moved by Driscoll , seconded by Rech to authorize the repair of Well #3 at a cost of $21 ,082.00 with the bronze bowl assembly. In response to a question from Trustee Rech, Mr. Davis said the insurance will pay for pulling the well , for the shaft that was broken , and for the reinstallation of the system which has been estimated to cost $10,000. Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Carroll , Marienthal , Fabish NAYES: 0 - None ABSENT: 2 - Mahoney, Bogart Motion declared carried. 4815 12/20/76 Annexations Mr. Raysa advised that because of a change in State Statutes with regard to notification, the ordinances annexing the Brodnan property, Poppin Fresh, and Surety must be passed again. Notice was sent to Township Board of Auditors, the Township Highway Commissioners , the Library District , and the Fire Districts that these annexations would be repassed this evening. The ordinances also CORRECTION must be re-recorded. -`Trustee Rech asked if this question could be postponed, but AtiRryeayrWilhAymwousdahaveM 6ea6actaeSdurFi'nogpWs were to be on the tax rolls Moved by Rech, seconded by Carroll to re-enact Ordinance #76-5 (Annexing Poppin Fresh) , Ordinance #76-11 (Annexing Surety) , and Ordinance #75-38 (Annexing Brodnan) . Upon roll call , the vote was : AYES: 4 - Rech, Driscoll , Carroll , Fabish NAYES: 1 - Marienthal ABSENT: 2 - Mahoney, Bogart Motion declared carried. Trustee Marienthal explained that his negative vote was because he voted against the Poppin Fresh annexation originally. Cambridge and Dundee Road Trustee Carroll requested Public Works and the Police Department to investigate the intersection of Cambridge Drive and Dundee Road. She felt it is a potential danger spot because of a stone pillar that obstructs the view. Trustee Rech requested a polling of the Board regarding developers that are approaching the Board, without being on the agenda , for special dispensations of various types. Trustee Driscoll felt an avenue should be available for a developer to make requests in case of an emergency. President Fabish suggested that this polling be done when all Trustees are present. Trustee Marienthal did not feel a developer's plea should be heard under questions from the audience because it is a disservice to those people having items on the agenda. Trustee Carroll felt that hearing developers that are not on the agenda is a disservice to the citizens and is not fulfilling the Board 's obligation to the newspapers. 6. Adjournment Moved by Driscoll , seconded by Rech to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 10:05 P.M. Respec ully submitted, PASSED AND PPROVE s 3 day of 1977. Village President