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1974-05-28 - Village Board Regular Meeting - Minutes 3918 5/28/74 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD TUESDAY, MAY 28 , 1974 , AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS. President Armstrong called the meeting to order at 8 :10 P.M. Those present stood and recited the Pledge of Allegiance to �•/ the Flag. The Clerk called the roll and found the following present: President Armstrong; Trustees Shirley, Osmon, Rathjen, Mahoney, Rech. Trustee Driscoll arrived at 8 : 40 P.M. Also present were: Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Arnold Seaberg, Village Engineer; William Davis, General Superintendent; Richard Glueckert, Finance Director; William Balling, Administrative Assistant; and William Dettmer, Chief Inspector. 1. Minutes of May 20, 1974 Trustee Rech moved to approve the minutes of May 20, 1974, as submitted. Trustee Shirley seconded the motion, and a roll call vote found the following : AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech NAYES: None ABSENT: Trustee Driscoll The motion carried. 2. President' s Report President Armstrong reported that he met with Mr. Johnson of the Chevy Chase Country Club to discuss the questions raised by the Board regarding the possibility of Lake County' s assuming the responsibility of sewer and water for his development. He stated that he found Mr. Johnson cooperative, and that an additional meeting is to be scheduled. 3. Committee of the Whole Plaza Verde Mr. Ronald Grais, Attorney representing the developer, requested final plat approval of Phase I of Plaza Verde Commercial Center. He stated that the developer had met with the Plan Commission, Appearance Control Commission, and the Zoning Board of Appeals and received their approvals. Sherwin Braun, architect, reviewed the plan of the eleven acre commercial project located on the southwest corner of Dundee Road and new Arlington Heights Road. 3919 5/28/74 Joseph Koenen of Ciorba, Spies, Gustafson and Company, engineer, �-- described sanitary sewer, storm sewer, and water line layout of the project. He stated that storm water detention for this project is provided on the Villa Verde project. Plan Commissioner Larry Gamm stated the Plan Commission requests that the developer construct a sidewalk along the eastern end of Phase II and the western end of Phase I of the development per their agreement in their letter of April 16 , 1974 . Mr. Grais stated that they will construct the sidewalk; however, he was concerned that the sidewalk would invite pedestrians to an uncontrolled intersection. He requested the timing be at such time as Phase II is presented so that the layout of the entire area may be considered. Discussion followed. Trustee Driscoll arrived at this time. Mr. Gamm stated the Plan Commission felt an amendment to the original Annexation Agreement should be enacted to prevent construction of a gas station on the property. President Armstrong stated that this item will be considered as a separate item on the agenda. William Dettmer, Chief Inspector, stated that the Appearance Control Commission approved of the project. L Trustee Rech questioned the variances to the Zoning Ordinance approved by the Zoning Board of Appeals , which were "for the purpose of constructing a portion of a building within 34 feet of an R-9 residential property line, and for the purpose of a buffer strip of -8 feet to be provided along an R-9 residential boundary. " Mr. Grais explained that the variance is requested in order to accommodate a loading dock for the Eagle Food Store. Discussion followed regarding distance from the residential building. Mr. Seaberq stated that forthcoming is a legal agreement that the owner of the retention basin will in perpetuity accept and detain storm runoff from the subject property in conformance with Village and MSD requirements. He noted that the agreement must be executed before the MSD permit may be signed. Mr. Seaberg recommended the street on the western edge of the property be an access road to Villa Verde. Mr. Grais stated if the road has to be constructed in accordance with Village Ordinances for public roads, he would like for it to be dedicated to the Village. 7 3920 5/28/74 Plan Commissioner Stan Haarr challenged the approval of the variances because he felt that hardship on the developer had not been demonstrated. Mr. Braun stated that if the variance is not granted, the entire plan would have to be redesigned. Trustee Rathjen felt the street on the western edge of the property should be dedicated, but the sidewalk should be installed at the time of construction. Discussion followed. Mr. Seaberg stated that the road is 27 feet wide, but a 40 foot dedication would be required. President Armstrong polled the Board, an "aye" indicating favor acceptance of the street as dedicated as stated by Mr. Seaberg, a "nay" indicating disfavor. The poll found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Driscoll NAYES: Trustees Osmon, Rech The street will be accepted as a dedicated street. The President polled the Board reference the sidewalk along the dedicated street, an "aye" favors developer installing side- walk when Village deems necessary, a "nay" favors mandatory installation at time road is constructed. The poll found the following: AYES: Trustees Shirley, Mahoney NAYES: Trustees Osmon, Rathjen, Rech, Driscoll The sidewalk will be installed at the time the road is constructed. Trustee Mahoney moved to approve the final plat of Phase I of Plaza Verde Commercial Center subject to all conditions of record this evening, including the detention agreement and zoning variances. Trustee Shirley seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Driscoll NAYES: Trustees Osmon, Rech The motion carried. Trustee Osmon stated that his negative vote was because he felt requirements of the Zoning Ordinance had not been met with reference to the variances. In response to a question from Trustee Shirley, Mr. Grais I stated that the developer, Buffalo Grove Associates, is the owner of the land. 9: 45 P.M. - The President declared a recess 10: 00 P.M. - The meeting resumed. 3921 5/28/74 Villa Verde Annexation Agreement bro Trustee Rech moved to direct the Village Attorney to prepare the necessary legal documents to prohibit a gas station in the northeast corner of the Plaza Verde property. Trustee l Osmon seconded the motion, and a voice vote found the following: v AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES : None The motion carried. Mr. Raysa stated that he would need a legal description. . Oak Creek Condominiums Trustee Shirley moved consideration of final plat approval for Oak Creek Condominiums, Phase III, be removed from table. Trustee Mahoney seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None The motion carried. Trustee Shirley reviewed his report of a meeting held Tuesday, May 21, 1974, with Gregg Builders, the Park District, and home- owners adjacent to Kilmer Park in an effort to resolve the problem of the $10,000 donation for Kilmer Park as discussed at previous meetings. He felt the primary discrepancy is that Gregg Builders and the Park District were not working from the same set of site plans. He stated the homeowners ' concern was for a proper barrier between the homes and the park, and how they have benefited from the donation. He stated the Park District advised they have spent a total of $63 ,000 on Kilmer Park, their work is complete, and the remaining $10,000 should be paid. Trustee Shirley stated he suggests that the cost should be split and Gregg Builders pay $8, 750 to settle the matter. He also noted that Gregg Builders offered to pay immediately $5 , 000 against the outstanding $10,000; that they would pay $1, 500 for the cost of renovating the ice hockey rink, and the Park District would then use the balance of $3 , 500 to plant additional trees to bring the total project more in the concept depicted on the preliminary plan; or that Gregg Builders would assign their landscape architect and their personnel to do the additional planting necessary to try to complete the plan more into the total concept at a total cost of $10, 000. Trustee Shirley stated both of "these offers were rejected by the Park District at their Thursday night meeting. 3922 5/28/74 Mr. Ken Rodeck of Gregg Builders reviewed their offer. Mr. �... Joe Settanni, President of the Park District displayed the Park District' s concept of the plan and stated 46 of the 48 trees shown and 148 shrubs were planted. He stated the Park District has spent a total of $68, 651. 00 to the Kilmer site, of which $27, 400 is construed as add ons which the Park District felt were in agreement with Mr. Frank of Gregg Builders. He outlined the expenditures on Kilmer Park. President Armstrong felt the Board should continue to table the matter up to the legal limit of 90 days until the problem is solved. Trustee Shirley stated because the donation is not part of the Village agreement, he felt the Board could not force their opinion on Gregg Builders. He doubted if the Board were using their authority judiciously since Gregg Builders has satisfied the staff building requirements. Trustee Shirley stated he could no longer favor tabling the question, and offered his services to help resolve the matter. Trustee Mahoney stated he favored continuing to table the matter because the Park District has acted in good faith and there is only a few thousand dollars difference between the 1 parties. He felt the only leverage the Park District has is that which the Village lends to it in obtaining the $10, 000, and the sequence of events, when the PUD was approved, gives the Village a colorable basis for arguing that the $25, 000 donation was part and parcel of the approval of the apartments; therefore giving a legal ,, asis for reAuting to act. Trustee Mahoney moved to table. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Mahoney, Driscoll NAYES: Trustees Shirley, Osmon, Rathjen, Rech The motion was defeated. Trustee Osmon moved to approve the petitioner's request for final plat approval of Oak Creek Condominiums , Phase III , and also emphasize the willingness of the Village Board to help expedite this problem. Trustee Shirley seconded the motion. Mr. Rodeck of Gregg Builders requested an amendment be added to the motion that Gregg Builders has met the obliga- tion of the Village Resolution regarding donations to Parks and Schools on the total project, subject to the $10, 000. Trustee Osmon stated he did not wish to amend the motion. Discussion followed regarding the necessity of the amendment since the resolution was passed long after the Annexation Agreement. Trustee Rathjen stated he did not favor the motion because Gregg Builders has agreed to pay $5, 000 against the 3923 5/28/74 outstanding debt of $10, 000, and another $1, 500 for renovation of the ice hockey rink and felt the $6, 500 should be forthcoming from Gregg Builders. Trustee Osmon stated he did not wish to amend the motion to include $6, 500 to be payable to the Park District. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon NAYES: Trustees Rathjen, Mahoney, Rech, Driscoll The motion was defeated. Trustee Rech moved that the Village Board give final plat approval for Phase III of Oak Creek providing that Gregg Builders donate $5, 000 to the Park District now, $1,500 for the hockey rink when completed, and both parties continue to negotiate to settle the problem of the $3 ,500. Trustee Osmon seconded the motion. Trustee Mahoney stated if this motion is passed, he suspected it will be a long time before the Park District gets its $3 , 500. Mr. Jack Allsmiller, 6 Chenault Court, objected, that the motion has stipulations as to how Gregg Builders will get permission to build, because he felt the Board had no legal right to do this. Trustee Rech stated she incorporated these items into the motion because Mr. Rodeck has agreed to them. The Clerk called the roll and found the following : AYES: Trustees Shirley, Osmon, Rathjen, Rech, Driscoll NAYES : Trustee Mahoney The motion carried. 11: 10 P.M. - The President declared a recess. 11: 25 P.M. - The meeting resumed. Police Mechanic Mr. Larson reviewed the request of the Public Works Director that the part-time mechanic position be reclassified to a full-time mechanic position. After discussion, Trustee Osmon moved to publish for and to hire a full-time mechanic under the Maintenance I position. Trustee Osmon requested that the staff make every effort to look at their economies and cut corners wherever they can so as not to overburden the present budget. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Rech, .Driscoll NAYES: Trustee Rathjen The motion carried. i i I I i I { I I 1 i i I I I i 3924 5/28/74 Ebben Property Trustee Osmon moved to send the request for rezoning from R-1 to B-1 of the property located at Arlington Heights Road and Route 83 to the Plan Commission so they may conduct the necessary public hearings. Trustee Mahoney seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll NAYES: None The motion carried. Buffalo Grove Veterinary Clinic Trustee Mahoney moved to send the request for annexation and zoning for an Animal Clinic on Buffalo Grove Road at Checker Road to the Plan Commission so they may conduct the necessary public hearings. Trustee Driscoll seconded the motion. Dr. Saidel in the audience stated that parcel of land in question is 3/4 acre but that one acre is required for B-1 zoning. A voice vote on the motion found the following: `.r AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAYES: Trustee Osmon Trustee Osmon' s negative vote was because the petitioner was not present. The motion carried. Federal Aid Urban Systems Improvements Mr. Larson reviewed the request of Lake County Highway Department regarding their participation in the improvement of various county roads outlined on the Village official plan and recom- mended for improvement under Lake County portion of the Chicago Area Federal Aid Urban System improvement program. After discussion, Trustee Osmon moved that the Village participate in this program. Trustee Mahoney seconded the motion, and a voice vote found the following: AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES : None The motion carried. 3925 5/28/74 Mini-Bikes Trustee Rech stated she had received some complaints regarding the riding of mini-bikes on the Phoenix property. Mr. Larson stated the owners have been appraised of the situation, but no "no trespassing" signs have been posted. He said signs have been posted on the parkway stating all mini-bikes must stay north of the sign. Police Department Trustee Osmon stated some recognition should be given to the Police Department in their efforts concerning the recent assult of and hospitalization of a Police Officer. He noted that one Policeman volunteered to take the place of the hospitalized officer at no additional pay. Lake County Zoning Trustee Osmon noted that the Lake County Board is reviewing a new zoning ordinance in which it is stated a new use may not be acquired without a public hearing. Trustee Osmon suggested the Board look into this. Commission Meetings Trustee Osmon noted that members of the staff at some of the Commission hearings have been making recommendations which allude to the fact the Board has given approval to these recommendations. Trustee Osmon suggested that instead of giving suggestions openly in front of the petitioner, they make these recommendations or changes by letter. Questions from the Audience Arlington Heights Road Mr. Bob Bogart, 930 Plum Grove Circle, questioned when Arlington Heights Road is scheduled for repair. President Armstrong stated that due to the cement truckers strike, there is a delay. He stated as soon as the strike is settled, the road will be closed and construction will be started immediately. Trustee Osmon questioned if Greco could take a blade and smooth out the road because it is Greco' s responsibility to maintain the 900 feet of Arlington Heights Road. Mr. Larson stated he would look into the matter. Trustee Osmon moved the meeting adjourn. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. 3926 5/28/74 :... Time: 12: 00 Midnight. Respectfully submitted, Village Clerk PASSED AND-APPROVED) this /D day of , 1974. .7n it ag residen Li ...—__,".,s° ''