1975-11-17 - Village Board Regular Meeting - Minutes 4400
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11/17/75
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,
NOVEMBER 17, 1975, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Fabish called the meeting to order at approximately 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 Mahoney, Rech, Driscoll , Bogart, Carroll ,
Marienthal
Also present were Daniel Larson , Village Manager; Richard Raysa, Village Attorney;
Arnold Seaberg, Village Engineer; William Dettmer, Chief Inspector; and William
Whited, Administrative Assistant.
1 . Minutes of November 10, 1975
Moved by Mahoney, seconded by Carroll to approve the minutes of the regular
meeting held November 10, 1975, as published. Upon roll call , the vote was :
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AYES: - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES:. 0 - Nonee,,
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Motion declared carried.
2. Warrant #324
President Fabish presented Warrant #324, in the amount of $200,861 . 75. Moved
by Carroll , seconded by Driscoll to approve Warrant #324 as presented.
Because she was concerned about the fact that the cost of Central Dispatch is
running over the budgeted amount, Trustee Rech requested a staff report regarding
the expenses and the cost of handling police dispatching in-house.
Upon roll call , the vote was:
AYES: 4 - Rech, Driscoll , Carroll , Marienthal
NAYES: 2 - Mahoney, Bogart
Motion declared carried.
3. President 's Report
Boys Club
President Fabish stated that the group who visited the Rockford Boys Club
facilities on Saturday, November 15, 1975, were enthusiastic and felt that a
serious study should be made on the possibility of establishing a Boys Club in
Buffalo Grove.
4. Questions from the Audience
There were no questions from the audience.
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5. COMMITTEE OF THE WHOLE
Buffalo Grove Animal Hospital Sign
President Fabish stated that on May 22, 1975, the Appearance Control Commission
voted 4-0 to disapprove the sign presented by Laco Industries, Inc. for the
Buffalo Grove Animal Hospital . He said that Chuck Herbst of Laco Industries,
Inc. , and Dr. Saidel were present to appeal the denial .
Mr. Herbst stated that the proposed sign meets the code requirements of the
Village. He noted that because Dr. Saidel may not advertise, the sign is
important to his business. Also, he did not know why the Appearance Control
Commission denied the request.
Mr. Dettmer, Chief Inspector, stated that the Appearance Control Commission felt
that the existing street sign was sufficient.
Mr. Herbst displayed a rendering of the proposed non-illuminated building sign.
It was noted that the building is set back 50 feet from Dundee Road.
Because he did not feel the Appearance Control Commission 's reasons for denial
were substantial , Trustee Mahoney moved, seconded by Bogart, to grant approval
of the sign for the Buffalo Grove Animal Hospital . Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Ordinance #75-37
Trustee Rech read Ordinance #75-37, AN ORDINANCE APPROVING PRE-ANNEXATION
AGREEMENT AND DIRECTING EXECUTION THEREOF BY THE PRESIDENT AND CLERK OF THE
VILLAGE OF BUFFALO GROVE (Brodnan property located on the west side of Route 83
south of Checker Drive) .
The following changes es were made in the annexation agreement:
1 . Last two sentences of Section 4 were changed to read, "Provided, however,
the septic system during the five year period shall service the existing
buildings only. Should the Village at any time bring water within 200
linear feet of the periphery of the property, Brodnan will forthwith
abandon the septic system and connect to the public system at his costs."
2. Section 10 should be reworded to provide that the R-3 zoning with the
special use will not be affected by the expiration of the annexation
agreement.
3. Additional paragraph to provide the Village the option to disannex the
property after five years if the owner does not comply with the annexation
agreement.
4. Common description of the property to be added to the legal .
Moved by Mahoney, seconded by Rech to approve Ordinance #75-37 subject to
the changes in the annexation agreement. Upon roll call , the vote was :
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11/17/75
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Ordinance #75-38
President Fabish read Ordinance #75-38, AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE VILLAGE OF BUFFALO GROVE (Brodnan property) . Moved by Rech, seconded by
Driscoll to approve Ordinance #75-38. Upon roll call , the vote was :
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Ordinance #75-39
President Fabish read Ordinance #75-39, AN ORDINANCE AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE , COOK AND LAKE COUNTIES,
ILLINOIS, to provide R-3 zoning with a special use for a floral business for
the Brodnan property. Moved by Carroll , seconded by Rech to approve Ordinance
#75-39.
Section 1 was changed to describe the zoning as R-3 Single Family Dwelling
District with a special use to conduct a retail floral business in the block
and frame barn and one story block buildings shown on Exhibits A and B and
subject to the stipulations and conditions set forth in the annexation agreement.
Upon roll call , the vote was :
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
The Crossings/Public Hearing
Trustee Carroll read the Notice of Public Hearing which appeared in the Buffalo
Grove Herald on October 31 , 1975, regarding the change in preliminary plan of
The Crossings Planned Development.
James Otis , architect, planner, and one of the owners of The Crossings , compared
the originally approved preliminary plan and the proposed revised plan.
Original Plan Revised Plan
128 Garden Condominium Units 232 Single Family Units
216 Apartment Units 236 Townhouse Units "A"
342 Townhouses 43 Townhouse Units "B"
41 Single Family Units
727 Total Units 511 Total Units
26% building and paving coverage 24.4% building and paving coverage
6 units per acre 4.2 units per acre
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Mr. Otis stated that he had met with the school districts to discuss the plan
and that they are in agreement. He agreed to comply with Resolution #72-35.
Mr. Otis stated that 75% of the area is green space, 13.2% of which will be
public Park District land, 37. 7% common open area, and 24. 7% private yard area.
Mr. Otis stated that the reasons for the change in plan were to meet market
demands , reduce density, maintain and upgrade overall quality of the development ,
and generate faster development.
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`�./ Mr. Otis stated there is no change in the commercial area from the original
plan. He said it will be an open interior mall area with parking around the
perimeter and berms and landscaping to screen the residential area.
In response to a question from Trustee Bogart, Mr. Otis stated that a tenant
farmer is leasing, on a month to month basis, the 5.5 acres of land in the
center of the project which is designated as a cultural arts center and will be
dedicated.
Trustee Bogart stated that the Park District has indicated that they would like
the 5.5 acres leveled and grass covered before the developer has left the area.
Mr. Otis stated that he has agreed to donate the land now so that the Village
or Park District may collect the income from the farm cluster and also to
establish a "victory garden", and he felt it was unreasonable to request that
he later grade and plant the area. He felt the development of the cultural
arts center should be done as a community project, and offered his services as
an architect at no charge.
In response to a question from Trustee Rech, Mr. Dettmer stated that he has
inspected the 5.5 acres and found that a couple of the out-buildings will have
to be torn down because they are structurally unsafe, but that the barn and
farm house will need only minor improvements to meet the minimum housing
requirements.
In response to a question from Trustee Rech, Mr. Otis stated that sidewalks
will be located on one side of all streets.
In response to a question from Trustee Rech, Mr. Otis stated the development
consists of seven phases which may be built simultaneously.
Trustee Rech asked if the property should be rezoned. Mr. Otis felt that it
should not because it is still a planned development. Mr. Raysa stated that
any change in plan would require a public hearing.
Mike Cahill of School District #96 stated that they have reviewed the impact
l of the change in plan and found a significant increase in number of school
�•/ children, increase in donation , and decrease in subsequent annual tax revue.
He said the official position of District #96 is to request the Village be sure
the developer complies with Resolution #72-35.
Trustee Rech stated that the change in plan will cost the water system $41 ,000
a year less in revenue.
In response to a question from Trustee Rech, Mr. Otis stated that streets in the
single family area will be 27 feet wide and 21 feet wide in the townhouse area.
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In response to a question from Trustee Rech, Mr. Otis stated that his donation,
in the amount of $6,000, for the improvement of Arlington Heights Road will be
paid by the end of the year.
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Trustee Rech felt it would be beneficial to the Village to align one of the
streets with Alden Lane. Mr. Otis stated that he did not want to divide the
commercial area. He said that a bike path system could be incorporated into
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the commercial area plans to provide access to the cultural arts center.
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In response to a question from Trustee Rech, Mr. Raysa stated that all donations
should be made to the Village.
Regarding school donations, Mr. Otis stated that the annexation agreement provides
for $22,000 per acre as the basis of valuation.
In response to a question from Mr. Larson , Mr. Otis stated that the club house
facilities will be available to the single family homeowners and the Hemphill
townhouse owners on a paid membership basis.
In response to a question from Trustee Marienthal , Mr. Otis stated that he
would have architectural control over both developments.
Regarding the single family area, Trustee Marienthal asked if the Homeowners
Association would have control over architecture. Mr. Otis stated that they
would.
Trustee Carroll expressed concern over bike paths between single family homes.
Mr. Otis stated that the paths will be on outlots at least 20 feet wide. Mr.
Seaberg did not feel there would be a problem. Trustee Rech suggested that the
bike paths be installed before the houses are occupied so that the homeowner
will be aware of them.
Trustee Marienthal asked if the stand of trees in the southwest corner of the
development would be preserved. Cliff Brouk of The Richards Group stated that
they are reviewing the matter and hope to make some changes to save the trees.
William Kiddle of the Buffalo Grove Park District stated that they have worked
with the developer since June, 1972. He said the developer had agreed verbally
to rejuvenate the farm buildings and to fully improve any dedicated land. He
stated that Section G of Resolution 72-35 requires dedicated land to be suitable
for its intended purposes. He felt that before any determination is made, it
should be clear what the developer will do to the 5.5 acre donation. Mr. Kiddle
stated that the Park District has planned to develop the land as a cultural arts
center, but that the Village committee charged with the responsibility of
determining the feasibility of a Community Center is considering the site as one
of the alternative locations. In response to a question from Trustee Carroll ,
Mr. Otis stated he hoped the homeowners would have a voice in that decision.
After discussion, Mr. Otis stated that they want to maintain a construction road
through the north part of the 5.5 acres. Next year, he would plow the front
section for use by the Village as a victory garden, give access to the farm
building, and take down the out-buildings. If the use changes from a victory
garden before the heavy equipment is moved out , he would grade and seed the area.
It was decided that determination on the timing of the dedication of the 5.5 acres
will be made at a later time.
10:30 P.M. - The public hearing closed.
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11/17/75
Moved by Bogart, seconded by Marienthal to approve the request and to direct
the Village Attorney to prepare an ordinance amending the annexation agreement
to provide for the change in plan for The Crossings Planned Development as
presented tonight and in accordance with Plan Commission Exhibit 102-29 per
A and B density count as presented by the Plan Commission not to exceed 232
units of single family homes.
Upon roll call, the vote was :
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Mr. Otis requested a letter indicating approval of the change in plan. Mr.
Larson was asked to do this.
10:35 P.M. - The President declared a recess.
10:50 P.M. - The meeting resumed.
Arrowhead Planned Development
Fred Hillman of Chesterfield Builders requested reconsideration of his request
for a two year extension to the annexation agreement of the Arrowhead Planned
Development located at the northeast corner of Arlington Heights and Lake-Cook
Roads.
Mr. Hillman stated that the reason for the request for a two year extension is
that if the extension were granted and he proceeded with the correction of the
plan to accommodate the moving of major south road ending on Lake-Cook Road, the
massive revision and the procedures through the Plan Commission and the Village
Board for approval of the changes would take approximately one year. The other
year is requested to gear up and commence construction.
Mr. Hillman stated that in March, 1974, the Village Board approved final plat
for Arrowhead and that such approval , according to Village Ordinances , requires
commencement of construction within one year. Because the Lake County Plats
Committee did not do their job in an expeditious manner, the plat was not
recorded until August, 1974. He said they then requested and were granted an
extension on the time to commence construction. He said, in November, 1974,
the Village Board granted a one year extension of annexation agreement up to
November 24, 1975. He said in March of 1975 he was requested by Mr. Larson to
make the changes in the road pattern. In July, they told Mr. Larson that they
would agree to the revision , but it would be necessary to extend the annexation
agreement. In October, 1975, a public hearing was held on the extension and a
vote of the Board resulted in a 3-3 vote. This evening, he is requesting a
reconsideration of that vote.
Mr. Hillman stated that he wants the extension to preserve the plan. He said,
if extended, he would make the revision of the road and pay engineering fees
in accordance with the present ordinance. He felt it would be advantageous to
the Village to extend the agreement in order to receive the special annexation
fees, school donation , assurance on use of the property, sidewalk on Arlington
Heights Road, among other things. He said he understands if the agreement is
not extended, Chesterfield would lose their plan and the property would revert
to R-9 zoning. He felt it was beneficial to the Village and the developer to
extend the agreement.
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11/17/75
Trustee Rech reviewed the history of the development. The annexation agreement
was approved on November 24, 1969, allowing 435 apartments. The agreement was
modified in 1972 reducing the units to 284. She said that Chesterfield has
requested an extension on three different occasions. She objected to a developer
obtaining zoning and expecting it to be extended on numerous occasions. She
said that the modification of the road was at Cook County's request, not the
Village's. She did not feel it fair for a developer to expect their zoning to
be extended without consideration to updated ordinances. She said she would
not object to the extension if Chesterfield would agree to comply with fees
and regulations which have been adopted by the Village since the original
annexation.
Mr. Hillman stated that only one other request for extension was made which
was for an extension on commencement of construction because of the delay in
recording of the final plat. He said that the reason the street modification
is necessary is because the Village wants a raised median.
Trustee Rech stated that a year and a half ago, an error in right of way for
Lake-Cook Road was discovered and the Village asked Chesterfield to redesign
their plan. Because Chesterfield was unwilling to do this, the plan was
compacted into a smaller area causing smaller yard areas. She said the Village
is interested in the people who will eventually live in the development.
Mr. Hillman stated that the compacting effect resulted in an error with respect
to the size of the dedication needed for Lake-Cook Road. The compacting was
accomplished by reducing the north south distance in the entire project 10 feet
out of a total of 1300 feet.
Trustee Bogart asked if the developer would be willing to abide by the current
P.U. D. Ordinance 7-12, which would reduce the density by 28 units and comply with
Resolution #72-35. Mr. Hillman stated that he has been asked and had agreed to
comply with the ordinance with respect to engineering fees and to change the
sideyards to 25 feet. He said if he agrees to Trustee Bogart's request, he would
be complying with the present P.U.D. Ordinance and he does not need an annexation
agreement to do that. He said if he cannot preserve the plan , there is no reason
for the extension. He said that he has an interest in the people who will live
in the development because he will have to do the selling and has a reputation
to preserve.
Trustee Marienthal did not feel the development should place a burden on the
people of the Village. He felt that all of the new fees and the P.U.D. Ordinance
should be adhered to. Mr. Hillman stated that he was unwilling to do this because
the annexation agreement provides benefits for both parties and he felt by
complying with this request , he would lose his benefits.
In response to a question from Trustee Bogart , Mr. Raysa stated that the
Statutes provide that either side may enforce an annexation agreement by going
to court. He said that there are only two cases interpreting that section of
the Statutes and if this were taken to court, possibly new law would be made.
He said a case that was upheld was one that an annexation agreement contained a
provision that if the owner did not conform, the Village had the option to dis-
connect the property. Because the Chesterfield agreement does not have that
provision, if the court would decide this could be done in this case, it would
be making new law.
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In response to a question from President Fabish, Mr. Raysa stated that R-9
zoning does not fall under the P.U.D. Ordinance.
Trustee Carroll stated that the annexation agreement provides for a $64,920
donation to School District #96, and asked what Resolution #72-35 would require.
Mr. Larson stated that the amount would be approximately $101 ,500. It was noted
that Resolution #72-35 cannot be enforced except through an annexation agreement.
In response to a question from President Fabish, Mr. Raysa stated if the annexa-
tion agreement expires, all provisions expire with it.
Moved by Marienthal , seconded by Rech to direct the Village Attorney to prepare
the necessary documents to disannex the Chesterfield property from the Village
for breach of contract and file suit.
For the record, Mr. Hillman stated that he intends to comply with the agreement
if extended.
Trustee Mahoney stated that he reluctantly will support the motion because it is
apparent that the extension would not receive a 2/3 vote for approval and Mr.
Raysa had said it would be tactically better for the Village to force the issue
and ask the court for a ruling rather than to see what happens if no action is
taken. He hoped an accommodation could be reached before the matter reaches the
courts. He disagreed that the developer has no interest in the land once it is
built because his reputation would be attached to it.
Trustee Carroll opposed the motion because she did not feel going to court and
forcing an issue on something that may or may not make law is in the best interest
of the residents of the Village. She felt the Village could spend far more on a
court case than it would by granting an extension when the Village has been
partly responsible for causing the developer to redraw his plans. She did not
feel the Village should grant an extension to one developer and not another.
President Fabish preferred not to go to court and hoped the matter could be
resolved.
Upon roll call , the vote was :
AYES: 4 - Mahoney, Rech, Bogart , Marienthal
NAYES: 2 - Driscoll , Carroll
Motion declared carried.
Mr. Raysa suggested an alternative court in the law suit to ask the court to
interpret if the annexation agreement expires, could the Village require Chester-
field to make the payments set forth in the agreement and apply them to the
current zoning.
Dunham Lane
Trustee Marienthal referred to a letter from David Grupp, Chief of the Long
Grove Fire Department , dated November 14, 1975, which stated that designation
of Dunham Lane as an east bound one way street would have an adverse effect on
their response time. Because of this opinion, he felt that the Board should
defer consideration of the matter until it is determined if parking restrictions
approved at a previous meeting will resolve the problem.
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American Education Week
President Fabish proclaimed November 16 - 22, 1975, as American Education
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Week.
Marquardt Property
Moved by Carroll , seconded by Mahoney to refer to the Plan Commission for
necessary hearings the request for change in the preliminary plan of the
Marquardt property located north of the northeast corner of Dundee and Buffalo
Grove Roads. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
6. Board Comments
Committees and Commissions
Trustee Mahoney requested consideration of a uniform policy for recognition
of retiring Commissioners or Committee members be placed on the agenda in the
near future. He requested the staff to recommend a schedule of token for
appreciation.
He requested a letter of appreciation be sent to Mr. and Mrs . George Miley who
are retiring from the Blood Donor Commission.
1975 Staff Christmas Party
Trustee Mahoney said he had noted the announcement of the Christmas Party and
thought that the decision to start charging the employees was one that should
have been brought to the Board, since it involved a departure from past practices.
Moved by Driscoll , seconded by Mahoney to pay for the 1975 staff Christmas Party.
Trustee Rech stated that as the Village staff grows, the Board cannot continue
to provide the Christmas Party.
Trustee Mahoney stated that the cost of the party is an infinitesimal portion of
the budget in terms of good will . Because the party has been provided in the past ,
he felt it would cause negative employee reaction by charging them for it this year.
Trustee Carroll stated that many companies are no longer providing parties for
their employees because of the recession. She did not feel the Village revenue
warrants an expenditure for the party. She said that Mr. Dettmer has advised
that there still will be a cost to the Village of approximately $300 to $400.
Trustee Carroll felt that since the staff took the initiative to try to work with
the Board to save the Village money, they should be commended, and not condemned
for their actions.
Upon roll call , the vote was :
AYES: 2 - Mahoney, Driscoll
NAPES: 4 - Rech, Bogart, Carroll , Marienthal
Motion declared defeated.
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Water Study Committee
Trustee Rech announced that the Water Study Committee will meet at her home
on Tuesday, November 18, 1975.
7. Adjournment
Moved by Carroll , seconded by Mahoney to adjourn the meeting. Upon voice
vote, the motion passed unanimously.
�•/ Time: 11 :45 P.M.
Respect ly submitted,
Village Clerk
PASSED AND APPROVED this ' 7 day of , 1975.
aLJQhL/
t age President
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