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1974-01-21 - Village Board Regular Meeting - Minutes 2988 1/21/74 �-' MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, HELD MONDAY, JANUARY 21, 1974 , AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS President Armstrong called the meeting to order at 8 : 24 P.M. Those present stood and recited the Pledge of Allegiance to the Flag. In the absence of the Clerk, President Armstrong asked for a motion to appoint Norma Krolack, Clerk Pro Tem. Trustee Osmon made a motion to that effect which was seconded by Trustee Driscoll. The motion passed unanimously. The Clerk called the roll and found the following members present: President Armstrong, Trustees Shirley, Osmon, Rathjen, Rech and Driscoll. Absent: Trustee Mahoney Also present: Arnold Seaberg, Village Engineer; Daniel Larson, Village Manager; and William Balling, Administrative Assistant. Trustee Mahoney arrived at 8 : 50 P.M. President Armstrong noted that the minutes of January 14 , 1974, would be distributed next week. 1. Approval of Warrant #280 Trustee Shirley read Warrant #280 with the following corrections noted: Street and Bridge Fund (Street & Bridge) - $3, 214 . 38; Water Fund (Water Operating) - $22, 297 . 01; M.F.T. Fund total corrected to $7, 222. 49 . Trustee Shirley moved that Warrant #280 be approved as corrected. Trustee Driscoll seconded the motion and upon a roll call vote the motion passed unanimously. 2. President' s Report President Armstrong stated he had met with the President of Harper College in a general discussion of a site in Buffalo Grove and noted that the Board had passed a Resolution indicating our favoring their purchasing that site for the development of Harper College. President Armstrong stated he was in the process of preparing a letter to be sent to the appropriate state agencies and the President of the College expressing the desires and interests of the Board �... and the community in developing this site. 2989 1/21/74 Trustee Shirley noted that discussion on the Resolution was that not so much that the Board favored they purchase the land for the development of the college but that the Board favored their consideration of the development. Trustee Osmon stated he had discussed this with some people ,/ 7 from District #214 in Buffalo Grove High School. [ President Armstrong stated this development would be a long way off and discussion would follow. 3 . Village Manager' s Report Daniel Larson, Village Manager, read the Summary of Administra- tive Activities for the month of December, 1973 . 4. Standing Committee Reports Trustee Rathjen noted that his committee is recommending that the Plan Commission and the Zoning Board of Appeals remain separate as they now exist, and that one member of the Zoning Board of Appeals would serve as a voting member of the Plan Commission. At the present time, the joint committee consisting of two people from the Plan Commission and two L. people from the Zoning Board of Appeals are investigating and will recommend duties not covered by the Plan Commission that can be accomplished by the Zoning Board of Appeals . 5. Committee of the Whole Marquardt Annexation President Armstrong noted that a notice has been published for a Public Hearing to review the Annexation Agreement with C. W. Marquardt for certain property on Buffalo Grove Road, north of Dundee Road. Trustee Mahoney arrived at this time. On behalf of C. W. Marquardt, Mr. James McCabe, attorney, followed with a presentation on the Annexation Agreement. Mr. McCabe noted that hearings were held before the Plan Commission. Mr. McCabe stated his client was requesting B-4 zoning classification to provide the use for motor vehicle sales and related services including repairs , service and garage. Mr. McCabe stated they were also requesting a variation on area requirement since the Village Ordinance requires 4 acres and his client has 3. 96 acres as shown on i the survey. 2990 1/21/74 Mr. Clarence Marquardt, Secretary of the C. W. Marquardt L. Corporation, was in attendance representing the C. W. Marquardt Corporation. Mr. Marquardt stated the automobile agency would hire approximately 50 people. He also stated that the revenue derived from this agency for real estate l and sales taxes would average in excess of $50, 000 . v Discussion followed with reference to weight of trucks, retention and/or detention basin, seven (7) year period in which to build or construct in accordance with zoning classification or said property would revert to B-1, agree- ment to tap on to Village sewer and water facilities without cost to Village. Discussion followed regarding the landscaping plan and parking space for used cars and customer parking. Mr. Marquardt presented a drawing of the buildings to be erected, reviewed size and elevation of buildings. Trustee Osmon noted that there would be four overhead doors that could be viewed from Buffalo Grove Road and asked if any screening had been planned. Mr. Marquardt stated there would be no screening; however, there would be a small masonry wall behind a sign to screen part of the doors. Trustee Osmon asked the location of the sewer drainage. Mr. Marquardt replied that Mr. Taggart has granted an easement for the storm sewer. Mr. William Balling, speaking for the Plan Commission, referred to a memorandum dated December 27 , 1973, summarizing what the Plan Commission had decided upon. Mr. Balling noted that the Plan Commission voted 3 to 1 to recommend annexation and zoning of the Marquardt property for use as a retail auto sales and service center subject to the following conditions : 1. The parcel be zoned in the B-4 business services and wholesale district classification subject to the use restrictions outlined in the subject annexation agreement. 2 . That the B-4 zoning classification be extended for a period of seven (7) years . Failure to develop the land in accordance with the subject approved use in that time will result in a reclassification of the parcel to B-1 limited retail district classification. 3. All exterior lighting be subject to the approval of the Appearance Control Commission. Mr. Balling noted a zoning variation has been requested permitting the land use on the parcel consisting of 3. 9694 acres. Additionally, the petitioner has designed his rear yard to comply with the 12 ' buffer reduced by 1/3 authorized 2991 1/21/74 �-- variance to 8 ' in accordance with the revised side yard requirements. Mr. Balling stated there was one question on paragraph 12 of the Annexation Agreement noting it would be at the dis- cretion of the Board to grant the 4 ' variance or ask the petitioner to resubmit to the Zoning Board of Appeals . Mr. Balling noted that the Plan Commission and Appearance Control Commission made a serious attempt to co-mingle their review and recommendation of the subject site and land use. The result of their joint efforts was an approval of land use, site layout, landscaping and site characteristics in such a manner to produce a palatable end use for the land without unduly delaying the petitioner or abusing each other' s planning and design interests. Mr. Balling also stated that Commissioner Harris voted against the motion because he felt the land use as proposed did not reflect the highest and best use of the land. Trustee Driscoll asked how far is the southern most driveway as compared to the Bank of Buffalo Grove driveway? Mr. Marquardt stated the driveway is 100 ' adjacent from the Bank driveway. In reply to a question from Trustee Driscoll regarding the number of cars per month that would be coming in and out of this facility, Mr. Marquardt stated it would probably be 1500 cars per month or 50 a day. Trustee Shirley asked if there would be any problem if the county decided to widen the road. President Armstrong stated it would be four lanes and he knew of no plans to widen the road further. Trustee Rathjen asked if the Village could allow this type of off-site detention and if we can allow it, will the Metropolitan Sanitary District approve it because MSD money is being expended for construction of that detention facility. Mr. Daniel Larson, Village Manager, stated Mr. Dan Taggart, owner of the golf course, and Mr. Dick Lanyon of MSD both have agreed to allow Mr. Marquardt to discharge his storm water into the retention basin. Trustee Rathjen asked Mr. Marquardt why he requested seven (7) years. Mr. Marquardt stated they requested five (5) years and the Plan Commission recommended seven (7) years . Mr. Marquardt stated they were concerned about the delay in the construction of the drainage system. Trustee Rathjen requested the annexation agreement be changed to five (5) years. 2992 1/21/74 Discussion followed on traffic that will be generated in the area between the bank, Ranch Mart Shopping Center, and the Marquardt development. Trustee Rathjen recommended that Mr. Daniel Larson, Village Manager, check with the Cook County Highway Department to find out what the traffic pattern will be when Dundee Road is completed. Trustee Rech asked what type of landscaping was planned for the back portion of the development. Mr. Marquardt stated there would be 20 foot trees . Trustee Rech asked if there would be any type of large vehicles that would be using the parking area of this development. Mr. Marquardt stated it had not been anticipated there would be any large vehicles; however, Mercedes Benz, now owned by Volkswagon has a truck line, and there is a possibility there will be recreational vehicles . Discussion followed regarding the use of this property should an automobile dealership not be constructed. Mr. McCabe, attorney for C. W. Marquardt Corporation, stated he would advise his client to be very cautious in putting himself in the position of owning a piece of property with only one legal permitted use. A poll was taken of the Board on the issue of whether or L. not to favor the recommendation of the Plan Commission to grant B-4 zoning with the limitations as outlined in the Agreement. A "yes" vote would favor it. A "no" vote would oppose it. The Clerk called the roll and found the following: YES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NO: Trustee Osmon With no further questions from the Board or audience, President Armstrong adjourned the Public Hearing. President Armstrong read the Annexation Agreement with changes noted: 1. Page 3, paragraph 5 - "WHEREAS, the VILLAGE, the OWNER and the PURCHASER have agreed that the PURCHASER will be given seven (7) years" - change to "five (5) years" . All places in the Agreement where seven (7) years are mentioned, insert "five (5) years" . 2. Page 3, paragraph 6, Trustee Rech asked that Mr. Raysa give an opinion as to whether sewer and water tap-on fees should be included in this paragraph. 3. Page 3, paragraph 9 - Check with Mr. Raysa as to whether the School District should be included in the Agreement. 2993 1/21/74 4 . Page 5, Para. 6 - "The Parties agree that the PURCHASER Lwill be allowed a seven (7) year period" - change to "five (5) year period" . 5 . Page 5, paragraph 7 - Ask Mr. Raysa to clarify to make certain the Village Board is the ultimate authority. Also clarify paragraph 14. v With reference to page 5, Par:a. 5, Trustee Rech inquired as to the size of the easement. Mr. Marquardt replied it would be 17 feet and the length would probably be 400 feet, for a total of 5700 square feet. Regarding page 5, Para. 5, Mr. Larson made the statement that at such time it becomes necessary to widen Buffalo Grove Road, it would be agreeable to dedicate, at no cost to the Village, the necessary 17 feet to give the Village the total 50 foot dedication there. Mr. Arnold Seaberg, Village Engineer, recommended that this 17 feet should be dedicated now as part of the Annexation Agreement since they are showing a sidewalk on the property at the present time. Mr. Marquardt stated he had no objection to this . Trustee Rech noted Para. 15 refers to the granting of variation for a lesser area and in that section the variance should be included. Mr. McCabe stated they did not call it a variation because the Ordinance was not in effect at that time . President Armstrong asked for a motion to approve the Petitioner' s request for annexation subject to the changes made in the Agreement and subject to the Village Attorney ' s approval of the Annexation Agreement, and direct the Village Attorney to prepare the necessary ordinances to formally annex the property. Trustee Shirley made the motion. Trustee Driscoll seconded the motion. A roll call vote found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAYES: Trustee Osmon The motion carried. Trustee Shirley requested that the staff follow thru on the Traffic Study for this development. The President declared a recess at 10 : 10 P.M. The meeting resumed at 10 : 27 P.M. 2994 1/21/74 Heitkotter/Brodnan �-- Mr. Moore, attorney for the Brodnan property, stated there are two contingencies he is working with in dealing with the terms of the transfer of the property of Heitkotter and Brodnan: qt 1 . The indication that the Village likes the use of the land, that is the zoning contingency. 2 . To acquaint the Village that they have a financing problem as far as the transferring of the property is concerned, and if Mr. Brodnan is not successful in securing the financing to buy this property he didn' t think Mr. Block, attorney for the Heitkotters , is going to be happy to have them annex into the Village . Mr. Moore, therefore, asked the Board not to enact on the Ordinances at the present time. Mr. Moore referred to Paragraph 5 of the Agreement beginning with the words "discontinue the well" and stated he wanted the sentence to read: "At such time as the Village water system is brought to any point within 200 linear feet of the periphery of the property, Heitkotter and Brodnan will at no cost to the Village connect to the Village system. " He stated he did not want to discontinue a good well since it may be used for watering lawns , etc . Mr. Larson stated he had no objections, but the sentence should read, "Heitkotter and Brodnan will discontinue the well for portable or domestic needs . " Mr. .Moore raised a question on Page 3, paragraph 5, "will pay the Village a proportionate share of the cost of installa- tion of the water service main. Said share shall be computed on (a) a frontage basis, (b) a tap on basis, (c) or a combination of both. " He stated the Village wanted a "a frontage basis" and they wanted "a tap on basis" . Mr. Larson recommended that it read as is, because the Village does not know what the uses will be on the property and these options are open to the Village. Trustee Shirley stated that insomuch as it was the initial agreement only in the event the property is sold for this one specific use will the annexation agreement be complete. Secondly, in the event such would happen and later on down the road the floral business would discontinue operation under the proposed zoning which would be R-3, they were restricted to the effect that they could not begin to build anything at all until they came back to the Board. Trustee Shirley recommended that they go on with the tap on basis under the current conditions; however, in the event the 2995 1/21/74 property developed as a residential property under later agreements, it could be adjusted at that time. Discussion followed and it was recommended to ask Mr. Raysa if Mr. Moore ' s suggestion would survive a five year period. If it worked that would be a better route to go. Mr. Moore stated he would word paragraph 5, line 9 , "Said share shall be computed on a tap on basis so long as no alteration of use occurs on said property " , and delete remaining words of paragraph. It was decided to have Mr. Raysa review the wording of paragraph 5, line 9 . Trustee Shirley noted the incorrect spelling of Heitkotter and Brodnan in several areas of the Agreement and requested that these be corrected. Trustee Shirley moved that the items regarding this Annexation be tabled pending further requests for discussion from the Petitioner. Trustee Rech seconded the motion. Upon a voice vote, the motion passed unanimously. Fire Department Agreement L. Trustee Osmon read the Fire Department Agreement. Trustee Osmon moved to table the Agreement until Chief Winter returned. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Buffalo Grove Days Mr. Bogart and Mr. Katz, Chairmen of Buffalo Grove Days, read a Summary of Receipts and Disbursements and noted the total cost to the Village of $3, 379 . 65 . It was noted that there were almost no donations this year as compared to other years. Donations were not solicited this year. Mr. Bogart and Mr. Katz expressed their appreciation for all the volunteers who worked to make Buffalo Grove Days a success . President Armstrong also thanked everyone for their hard work in this project. Fire Department Agreement Trustee Osmon moved that the Fire Department Agreement be removed from table. Trustee Driscoll seconded the motion. Upon a voice vote, the motion passed unanimously. Trustee Osmon noted in the second paragraph of the Agreement under "permits the Department to use its facilities at no L-- charge" , there should be a nominal charge of "$1.00 per month" . 2996 1/21/74 Trustee Mahoney referred to Section 1 of the Agreement and stipulated there should be a clause in the Agreement that the Village take title to the fire equipment prior to the imme adoption of a Municipal Fire Department. Trustee Mahoney stated in order to avoid a situation in 3 to 5 years if the Fire Department would go municipal, whoever would be in charge of the Fire Department could say they wouldn't agree to cooperate and give the Village the equipment unless concessions were made. �•/ Chief Wayne Winter explained that the position of the Fire Department was that they were not going to give up title to the equipment until the Village has something substantial to support it. He stated the Fire Department wanted to go municipal, but there was no guarantee it would ever go. President Armstrong asked that the Board be polled to determine if they agreed with Trustee Mahoney' s position. A "yes" vote would mean that they agree with Mr. Mahoney' s position regarding the ownership of the equipment in the Fire Department. A "no" vote would mean that you disagree with Mr. Mahoney and basically agree with the wording of the first sentence in Section 1 of the Agreement. The Clerk called the roll and found the following: II YES: Trustees Shirley, Rech, Mahoney L. NO: Trustees Rathjen, Osmon, Driscoll President Armstrong voted "yes" . After lengthy discussion, President Armstrong recommended that a committee of President Armstrong, Mr. Raysa and Chief Winter meet to come to a equitable agreement to both parties. Trustee Mahoney made a motion to table the discussion of the Agreement until Chief Winter and President Armstrong return to the Board with their recommendations . Trustee Rathjen seconded the motion. The Clerk called the roll and found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSTAIN: Trustee Osmon The motion carried. Dundee Road Sanitary Sewer Mr. Daniel Larson reviewed the Agreement with the Fire �-- Station for the annexation of property provided for the extens- ion of sanitary sewer and water main to their property on Dundee Road. Upon the request from the Fire Department, the Village contacted a number of engineering firms and 2997 1/21/74 selected Murry and Moody, Consulting Engineers , to do the sanitary sewers and water main design, at no cost to the Village. Trustee Osmon moved to approve this agreement. Trustee Driscoll seconded the motion. Trustee Rech requested that the Village Attorney review this agreement. Trustee Osmon moved that this agreement be approved contingent upon Mr. Raysa' s approval. Trustee Driscoll seconded the motion. Upon a voice vote, the motion carried. Ordinance No. 74-1 President Armstrong read Ordinance No. 74-1, an Ordinance amending the Building Code of the Village of Buffalo Grove . Trustee Osmon moved to approve Ordinance No. 74-1. Trustee Driscoll seconded the motion. The following changes were noted: 1. Section 1 - "1960 BOCA" - change to "1970 BOCA" . 2. 121.1 (a) - "Building Inspector" - change to "Building Official" . Trustee Rech moved to table discussion of Ordinance No. 74-1 pending review by Mr. Raysa. Trustee Rathjen seconded the motion. Upon a voice vote, the motion passed unanimously. Resolution No. 74-1 President Armstrong read Resolution No. 74-1, a resolution for maintenance of streets and highways by municipality under the Illinois Highway Code, showing a total estimated maintenance cost of $60, 870. Trustee Osmon moved to approve Resolution No. 74-1. Trustee Rech seconded the motion. Upon a voice vote, the motion passed unanimously. NIKE Housing Development President Armstrong referred to a letter from Mrs . Carole Boltz, Chairman Citizens Action Committee, requesting that the Village write a letter to the Forest Preserve District requesting that they purchase the NIKE site for open space. Trustee Mahoney moved that President Armstrong write a letter to the Forest Preserve District. Trustee Osmon seconded the motion. Upon a voice vote, the motion passed unanimously. 2998 1/21/74 General Discussion �... After some discussion it was decided that the Board go on record to encourage citizens to shovel snow from their sidewalks . Trustee Mahoney moved that the Board adjourn to executive session to discuss land acquisition. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 12 :10 A.M. Respectfully submitted, Clerk Pro Tem Approved t - ay o f f - , 1974 62 (7? / •-.7„( r r i Vil age Pre ent