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1977-07-11 - Village Board Regular Meeting - Minutes 5009 7/11/77 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, JULY 11 , 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS President Fabish called the meeting to order at 8:00 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, Bogart, Marienthal , Stone, Mendenhall Trustee Keister arrived at 8: 15 P.M. Also present were William Balling, Village Manager; William Raysa, Village Attorney; Charles McCoy, Director of Public Works; Thomas Fennell , Acting Director of Community Development; Bart Delaney, Engineering Aide; and William Sommer, Administrative Assistant. 1 . Minutes of July 5, 1977 Moved by Marienthal , seconded by Rech to approve the minutes of the regular meeting held July 5, 1977. Upon roll call , the vote was : AYES: 4 - Rech, Bogart, Marienthal , Mendenhall NAYES: 0 - None ABSTAIN: 1 - Stone ABSENT: 1 - Keister Motion declared carried. 2. President 's Report Share +3 President Fabish referred to a recent article in the Buffalo Grove Herald, and said that the Village is not opposed to Share +3 as a means of transmitting Lake Michigan water, but is investigating an alternate route from Highland Park which may be quicker and less expensive. R.T.A. President Fabish announced that the R.T.A. will hold a "Listening Post" at the Village Hall on July 18, 1977, from 10:00 A.M. until 12:00 Noon. He urged citizens to attend to provide input to the R.T.A. Intersection/Route 53 and Dundee Road Trustee Mendenhall reported that the Illinois Department of Transportation has indicated that funds will be released to complete th intersection of Route 53 and Dundee Road in October of this year. If approv� from federal agencies can be obtained, there is the possibility the contract can be let in August. He said he would keep in touch with I . D.O.T. and report to the Board. x• 5010 7/11/77 3. COMMITTEE OF THE WHOLE Lake County Housing Plan Trustee Bogart introduced Stanley Rouse and Lane Kendig, Director of the Lake County Department of Planning, Zoning and Environmental Quality, who were present to review the proposed Lake County Housing Plan. Goal of the plan is to insure that all residents , present and future, have the opportunity to obtain housing at a reasonable price which is decent, safe, and sound. Mr. Kendig reviewed the recommendations and alternatives to achieve this goal. Questions and answers followed. Moved by Bogart, seconded by Mendenhall to refer the Lake County Housing Plan to the Plan Commission for study and a report to the Board by September 25, 1977, and that the Plan Commission relate their recommendation with the Vernon Township Planning Study. In response to a question from Plan Commission Chairman Genrich, Mr. Kendig said they would like the Village's opinion of the recommended plan, if the suggested alternatives are more desirable, or if the Village would like to suggest further alternatives. Upon roll call , the vote was : AYES: 6 - Rech , Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Schwaben Annexation/Public Hearing President Fabish read the Notice of Public Hearing which appeared in the Buffalo Grove Herald on June 27, 1977. Subject of the hearing is a petition from the Schwaben Athletic Center for annexation, B-2 zoning, and preliminary plan approval of 8 acres located along Weiland Road approximately 600 feet south of Pauline Avenue and 1400 feet north of Lake-Cook Road. President Fabish called the public hearing to order at 9: 15 P.M. He then swore in Norman Rockel and Ed Braun who were present to give testimony. Mr. Rockel explained that the Schwaben Center is comprised of two separate organizations , i .e. Schwaben Athletic Club and Schwaben Verein. Walter Sanders reviewed the social and philanthropic activities of the Schwaben Verein. Mr. Braun said the Schwaben Athletic Club is basically orientated for body development and soccer in particular. Presently 120 youth are involved in their program. He said they would like to be annexed to Buffalo Grove to have an identity. He said they would like to work with the Buffalo Grove Park District as they have with others. Greg Repede of the Mt. Prospect Park District said that 32 years ago, Mr. Braun helped them initiate a soccer program. The program has been very successful . 5011 7/11/77 Mr. Rocket reviewedplans for theproperty. The showed two soccer plan1) fields , one regulation size and the other international regulation size, 2) an existing field house, 3) a proposed club house, 4) shrubbery around the periphery of the property, 5) parking for 173 cars in the southwest corner and overflow parking for 50 cars in the northwest corner. The septic field will be abandoned to increase the area for the children 's playground. In reviewing the engineering plans, Mr. Rockel pointed out an easement for storm, sanitary, and water. Storm water will be discharged into a retention area on the Ridgewood property to the north. In response to a question from President Fabish, Mr. Rockel said the only revenue for the club is membership fees and activities, but when the club house is constructed, they plan to rent the hall . In response to a question from Trustee Rech, Mr. Rockel said they also own ten acres west of the subject property across Weiland Road. He said there is no reason to annex the ten acres because it will be used for parking and athletic practice and will not need to be in the B-2 zoning classification. Mr. Rocket said they wish to be annexed to Buffalo Grove for identity purposes and because it is centrally located for members. He believed they would be an asset to the community by providing large meeting halls and helping in the Park District programs. Trustee Marienthal noted that the Plan Commission feels R-4 with special use would be a better zoning for this property. He explained that this zoning would remain with the property after the annexation agreement expired. He requested a polling of the Board to determine if they wish the underlying zoning to be B-2 or R-4 with special use. In response to a question from Trustee Rech, Mr. Rockel said they have petitioned for B-2 zoning because they feel they can operate more leniently with that zoning. He said they are concerned that with R-4 zoning they could have future problems . Trustee Mendenhall said that if B-2 zoning is granted and if Schwaben abandons their plan, the Village is stuck with B-2 zoning on that land. Mr. Rockel said they do not plan to abandon their plans. Mr. Rocket noted that commercial exists on both sides of his property. Mr. Rocket said that the Village Attorney has said that B-2 zoning would be more suitable for this property. He said the membership is concerned that with R-4 zoning, they may have problems in the future if they should want to put in a swimming pool or tennis courts. Trustee Rech noted that the Buffalo Grove Golf Course has R-4 with special use zoning. She said the reason Buffalo Grove has a good identity is because they are cautious of the zoning that is granted. Mr. Raysa said that he recommended two alternate zoning, either B-2 with restrictive covenants running with the land or R-4 special use. He noted that what is requested is B-2 with certain uses eliminated. He did not recommend this. Mr. Raysa said that when he rendered his original opinion, he was under the impression that Schwaben was a public organization, but testimony given this evening has indicated that it is a private club. For this reason, he said the zoning could not be R-4, but would have to be R-7, R-8, or R-9. Discussion 5012 7/11/77 followed with regard to Schwaben being a public or private club. The Village Attorney is to research to determine which R zoning would be applicable for this use. President Fabish polled the Board to determine if the Board wishes this property to be zoned business district or an appropriate residential district. The poll found the following: BUSINESS: 2 - Rech , Stone RESIDENTIAL: 4 - Bogart, Marienthal , Keister, Mendenhall Trustee Rech felt either classification would be all right, but because Mr. Raysa suggested B-2 with restrictive covenants , she voted for business. Trustee Marienthal requested a polling of the Board to determine if the property should be required to be annexed to the Buffalo Grove Park District. He noted that the ten acres west of Weiland Road is already in the park district. Mr. Braun said they do not want to be annexed into the park district because of the tax burden. He felt that their programs would be beneficial to the residents and they would be paying their share through service to the Village. William Kiddle of the Buffalo Grove Park District read a letter to the Board, dated July 10, 1977, which stated that from an annexation and tax standpoint, this property should be treated the same as any other commercial development. He felt any attempt to change the status would establish a dangerous precedent that would endanger not only the status of the Resolution #72-35, the Master Plan , but also the current and future status of special districts in the community. He said under the Constitution of Illinois , selective taxation cannot be tolerated. He proposed a re-establishment of an in-kind schedule of remuneration through cooperative programing. President Fabish polled the Board, "Yes" indicating favor of the property being annexed to the Buffalo Grove Park District, and "No" indicating opposition. The poll found the following: YES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NO: 0 - None Because it was part of the Plan Commission recommendation, Trustee Marienthal requested a polling of the Board with regard to the property being annexed to the Indian Trails Library District. He noted that the property is presently. in the Vernon Area Library District. Trustee Bogart said that officials of the Indian Trails District had advised �./ that they will not ask for this annexation. Plan Commissioner Harris said the Plan Commission minutes were in error when annexation to the Indian Trails Library District was included in their recommendation. He said a correction has been distributed. After discussion, it was decided to not ask the owner to change library districts. 5013 7/11/77 Trustee Marienthal asked if the Board wants to require a bicycle path. After discussion , it was decided not to require this at the present time. Trustee Marienthal noted that the developer has asked for relief from certain fees required by the Village. He questioned if the Board would want to grant this relief. Mr. Braun said that the fee that they are requesting to be reduced was the 32% engineering fee. Mr. McCoy said that the engineering fee is based on cost of public improvements;only, and since there were ryatic utilIly CORRECTION impreveme is +R the development, there w ul-d be no fee. *therefore, there wi l l be a fee for public improvements but not for private improvements. Trustee Marienthal asked Mr. Rockel if they have a written agreement with Centex regarding discharge of storm water into their retention basin. Mr. Delaney said that he has a letter from Robert Fogerty of Centex agreeing to this. 10:30 P.M. - The President declared a recess. 10:40 P.M. - The meeting resumed. The Board reviewed the proposed annexation agreement and made the following changes: 1 . Schwaben is to be referred to as Owner/Developer. 2. Two sets of all exhibits are to be given to Village Clerk. 3. Zoning classification is to be in a residential district with special use to be determined by the Village Attorney. 4. Page 2 - Item 4 - to be changed to reflect new zoning district. 5. Page 5 - Item 5 (1) - Changed to read "Conform to the Plan of Development". 6. Page 5 - Item 5 (3) - Changed to read "The Developer has performed its obligations under this agreement up to the date of submission of such final plans and plats. For purposes of this agreement, a plat shall be considered to be in conformance if it is identical to the Plan of Development or contains only minor deviations." 7. Page 6 - Add paragraph permitting use of the existing well until municipal water is available to tap on to. Also paragraph permitting use of the existing well for non-potable use. (not domestic use) 8. Page 7 - Items 11 and 12 - to be reworded. 9. Page 7 - Add paragraph requiring annexation to the Buffalo Grove Park District. 10. Page 8 - Item 17 - change wording to provide for payment of all fees. 11 . Page 9 - Item 19 - delete "provided the extent of the Developer's financial obligation is fully set forth herein". 5014 7/11/77 12. Page 9 - Item 21 - term of annexation agreement changed to 10 years. 13. Page 9 - Item 24 add "not to exceed 16 weeks in a 1 year period". President Fabish closed the public hearing. Time: 11 :30 P.M. Schwaben Annexation Moved by Rech, seconded by Marienthal to direct the Village Attorney to prepare an annexation agreement in accordance with changes of record this evening. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Buffalo Grove Days/Indemnification Agreement Upon review, it was moved by Bogart, seconded by Mendenhall to approve the Agreement of Indemnity between the Village and G.G.B. , Inc. for property located south of new Lake-Cook Road, east of Raupp Blvd. , and north of Buffalo Creek which will be used for Buffalo Grove Days on September 3, 1977. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Postage Machine Upon review, it was moved by Stone, seconded by Rech to authorize purchase of a Pitney Bowes Model #5600 postage machine at a cost of $1 ,576 minus $30 trade- in. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Buffalo Grove Office & Medical Center Trustee Marienthal stated that the Plan Commission has recommended approval of the Buffalo Grove National Bank Medical and Office Plaza as submitted at their meeting of June 15, 1977. Burton Harris, contract purchaser of the land, identified the land as being located south of Dundee Road behind the Buffalo Grove National Bank. He reviewed the site plan approved in 1973 when the property was annexed. Jeffery Finkle, architect, reviewed the site plan. The building will be 23,000 sq. ft. which is 1/3 the size originally proposed. He said the traffic pattern has been improved. They plan to use the same materials used in the bank building. Site, building, and parking exceed requirements of the Village. 5015 7/11/77 Mr. Harris reviewed the proposed use for the building. The building will be in three sections, medical center (7500 sq. ft.) on the upper story, office facility (15,500 sq. ft.) , and the lower portion of the medical center will be completed at a later time. One of the facilities that he hopes to construct on the lower level is an ambulatory surgical center. In response to a question from President Fabish, Mr. Harris said that he feels the plans are in substantial conformance with the original plan because the only change is that the size of the building is less and more landscaping is provided. Trustee Marienthal noted a memo, dated June 15, 1977, from Bart Delaney stating that this plan is in conformity with the previous plan. Moved by Marienthal , seconded by Mendenhall to approve the Buffalo Grove National Bank Medical and Office Center plan in accordance with Exhibit 674-5 which was submitted to the Plan Commission on June 15, 1977, and the developer will appear before the Plan Commission and Board of Trustees when plans are made to develop the parcel to the east. Mr. Balling stated that a plat of subdivision still will have to be approved. In response to a question from Mr. McCoy, Mr. Harris said that he knows that a sidewalk will have to be installed along Dundee Road at some time in the future. Mr. Finkel said that they will install a connecting drive to the fire station if the Fire Department requests it. In response to a question from Trustee Mendenhall , Mr. Finkel said they will try to save as many trees as possible. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 1977 Slurry Seal Program Moved by Stone, seconded by Mendenhall to table consideration of contract for 1977 slurry seal program because all State approvals have not been received. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Certificate of Appreciation President Fabish read a certificate of appreciation to Alan Garfield for his service to the Village as a Z.B.A. member. Mr. Garfield has resigned due to pressing business commitments. 1 5016 7/11/77 4. Adjournment Moved by Marienthal , seconded by Mendenhall to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 12:05 A.M. Respectfully submitted, Verna L. Clayton, Village Cle PASSED AND APPROVED this / day of , 1977. Village President