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1973-03-19 - Village Board Regular Meeting - Minutes 2700 3/19/73 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, MARCH 19, 1973 , AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS. The President called the meeting to order at approximately 8 :15 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 Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll Also present were Mr. Daniel Larson, Village Manager, and Mr. Arnold Seaberg, Village Engineer. Mr. Richard Raysa, Village Attorney, arrived at 9 : 00 P.M. 1. Minutes of March 5, 1973 Trustee Osmon moved the minutes of March 5 , 1973 , be removed from table. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Trustee Mahoney moved the minutes of March 5 , 1973 , be approved as corrected. Trustee Shirley seconded the motion. In response to a question from Trustee Osmon, President Armstrong stated that Patrick Shields, the new Plan Commissioner, had attended Plan Commission meetings and had made his interest known. A roll call vote found the following : AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None ABSTAIN: Trustee Fabish The motion carried. 2 . Minutes of March 12, 1973 Trustee Shirley moved the minutes of March 12 , 1973 , be approved as submitted. Trustee Mahoney seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None ABSTAIN: Trustee Fabish The motion carried. Trustee Osmon asked if residents on White Pine Road had been contacted regarding a possible swale. Mr. Seaberg stated that they had. 2701 3/19/73 3. Warrant #260 Trustee Shirley presented Warrant #260, in the amount of $62 ,823 . 74 , �... and moved for its approval . Trustee Driscoll seconded the motion. Discussion took place regarding various items, withe onhan e being the deletion of $65. 00 for an APWA workshop, arson stated that he would discuss this with Mr. Brandon of Hattis Associates to determine if they would cover the cost of Mr . Seaberg ' s attendance at this workship. The grand total of the warrant was changed to $62 , 758. 74 . A roll call vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. 4 . Village Manager' s Report Mr. Larson reviewed with the Board the summary of Administrative Activities for the month of February, 1973 . Trustee Osmon noted that the 1971 police car got better mileage than the 1972 ' s. Trustee Osmon noted that more salt was spread in fewer hours this year than last. Mr. Larson stated that he would check the figures. Well #4 Trustee Fabish questioned the advisabil ' tf purchasing a --a-st- iron bowl for Well #4 instead of a one. Mr. Seaberg stated that a bronze bowl is better, but that it requires 14 weeks delivery. Environmental Control Committee Trustee Shirley stated that at the time the Environmental Control Committee was created, it was for a period of 18 months. He then requested a discussion of the continuation of the Committee to be on the next possible workshop meeting. Mr. Larson stated that it will be on next week' s agenda. 5. Committee of the Whole Omni-House Mr. Donald Kearns, Vice President of Omni-House Youth Services Bureau, reviewed with the Board the progress made by their organizat- ion over the past year, and then requested $13 , 000 financial assistance for the next financial year. President Armstrong asked if action could be taken at the time of budget discussions. Mr. Kearns stated that they would like a commitment. Mr. Peter Digre reviewed programs offered by the organization. In response to a question from Trustee Fabish, Mr . Kearns stated that Wheeling is participating. 2702 3/19/73 Trustee Fabish moved $13 , 000 be put in the next budget for Omni-House. Trustee Rathjen seconded the motion, and a roll call vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. St. Mary' s Church Sign The Board reviewed the Appearance Control Commission' s report regarding the request of St. Mary ' s Church for a sign to be located on their premises. The Commission recommended the overall height of the sign be 10 feet with bushes below and a tree. Mr. Dettmer stated that the sign will meet the requirements of the Sign Ordinance. Father Duffy stated that the Church will abide by the recommendation of the Appearance Control Commission. Trustee Osmon moved the Board approve the sign request of St. Mary' s Church. Trustee Fabish seconded the motion, and a voice vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. 9: 00 P.M. - Mr. Raysa arrived at this time. Ordinance #0-73-7 President Armstrong read Ordinance #0-73-7 , an Ordinance requiring the Chairman of the Plan Commission vote only in case of a tie. He then stated that he does not support this Ordinance because the Plan Commission is an advisory board, and the vote and opinion of the Chairman would be helpful. Discussion took place regarding what constitutes a quorum and what vote is required for a recommendation. Trustee Rathjen moved Ordinance #0-73-7 be adopted. There was no second to the motion. After discussion, it was decided, in Section 2 , to change "exclusive" to "inclusive" and add the following sentence, "A majority of the quorum shall prevail. " Trustee Rathjen moved Ordinance #0-73-7 be adopted with the changes requested. Trustee Osmon seconded the motion, and a roll call vote found the following : AYES : Trustees Fabish, Shirley, Osmon, Rathjen, Driscoll NAYES: Trustee Mahoney The motion carried. 2703 3/19/73 Resolution #0-73-4 President Armstrong read Resolution #0-73-4 , a bank resolution authorizing Robert J. Collins or Daniel T. Larson and R. Gary �... Armstrong or Verna L. Clayton to sign general fund account checks . Trustee Shirley moved Resolution #0-73-4 be adopted. Trustee Rathjen seconded the motion. Trustee Shirley explained that Mrs. Kinkade, one of the previous signatories, had moved, and Mr. Larson will replace her as signatory. A voice vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. Resolution #0-73-5 Trustee Shirley read Resolution #0-73-5 , a bank resolution authoriz- ing Robert J. Collins or Daniel T. Larson and R. Gary Armstrong or Verna L. Clayton to sign payroll fund checks and moved for its approval. Trustee Osmon seconded the motion, and a voice vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. +..• Trustee Shirley moved the Board adjourn the regular meeting until after the public hearing. Trustee Osmon seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 9 :25 P.M. Public Hearing/Swanson Annexation At approximately 9 :34 P.M. , President Armstrong called the public hearing to order regarding the annexation agreement between the Village and Arthur Swanson & Associates. He noted that public notice of this hearing was published in the Buffalo Grove Herald on March 2 , 1973. Robert J. Garrett, attorney representing Swanson and Associates, and Donald J. Scholz and Company, stated that they have petitioned for annexation of 39 acres on the southeast corner of Arlington Heights and Checker Roads. He stated that Arthur Swanson and Associates are the beneficial owners of the land, and Donald J. Scholz will be the builders. He introduced Paul W. Swanson; Ernest J. Wurfel , Vice President of Donald J. Scholz and Company; Thomas A. Moody of Murray and Moody, consulting engineers; and Robert A. Cagann of Cagann and Associates who prepared the tax impact study. Mr. Garrett stated that the following exhibits would be delivered to �-- Mr. Raysa : 2704 3/19/73 1. Verified petition for annexation 2. Amended petition for zoning amendment 3. Latest draft of annexation agreement 4 . Blue line of plan of development �-- 5. Plane boundary survey 6. New tax impact study 7 . Plat of annexation 8 . Packet distributed tonight which includes : a. Murry and Moody letter of March 4 , 1973 b. Proposed off .te utility plans c . Photograph of types of units to be built d. Typical floor plans e. Plan of Development f. Purpose, concept, and background of proposed development 9. Draft of Ordinance approving annexation agreement 10. Title report 11. Trust agreement Mr. Swanson stated that the property is surrounded on three sides by the Village. He stated that the original plan was condominiums, commercial, and apartments, and because of persuasion the plan has been changed to a condominium project with no rentals and no commercial. The plan changed from 416 units to 319 units, with two types of units - an eight unit garden condominium and a six unit townhouse. He then displayed pictures of typical buildings and floor plans. He said the selling price will be from $30 , 000 to $60, 000 . He stated that after Arlington Heights road dedication, the 39.8 acres becomes 37 acres. Buildings will cover 19% of the land, walks, drives, and parking will cover 191/2% , and green space will cover 612% . He stated that they realize the property has flood plain and soil problems and that all Ordinances regarding flood plain will be followed. He stated that there will be a recreation center , swimm- ing pool , children' s play area, two tennis courts, and tot lots. He stated that the project will not be marketed for small children. There will be a 300 foot set back from the creek. For each unit, there will be one enclosed parking and one private drive. The green way will be public. A donation of $60, 250. 00 will be donated to School District #96 . Carl Genrich, Plan Commission Chairman, stated that the Plan Commission, by a 6 to 1 vote, recommends approval of the project. He said an objection in the Plan Commission was that the area should be maintained in its natural state, and that public objection was related to commercial and apartments on Checker Road and apprehension of the flood plain. He said these objections were covered when Mr. Swanson changed the project to no apartments nor commercial, and when he agreed to follow Village Ordinances and MSD Ordinances, flood plain objections were taken care of. Clarice Rech, Plan Commissioner, reviewed her minority report regard- ing concern of flood plain and development directly on the Creek. Mr. Swanson stated that there will be no basements and that first �-- floor levels will be four feet above flood plain level . He was convinced that he could meet Flood Plain Ordinance requirements. Mr. Seaberg stated that requirements will have to be met in order to obtain approval . 2705 3/19/73 Mr. Seaberg stated that the project provides as much detention as there is now. Mr. Seaberg felt the same engineering standards as imposed on Otis and Levitt should be included in this agreement. Trustee Fabish expressed concern of the effect of upstream building. President Armstrong stated that communities upstream will follow the same ordinances as Buffalo Grove. In response to a question from Trustee Fabish, Mr. Swanson stated that he would submit the soil borings to Mr. Seaberg. In response to a question from Trustee Fabish, Mr. Swanson stated that streets will be 27 feet with a 40 foot right-of-way. Trustee Driscoll had questions regarding the letter from Lake County Soil and Water Conservation District dated November 15, 1973. Mr. Swanson explained that this report refers to their original project. Trustee Osmon asked if the colored rendering could be used as plan of development because it shows more trees than the blue line rendering. Mr. Swanson agreed and stated that the project will have more trees than shown. In response to a question from Trustee Shirley, Mr. Swanson stated that the loop street and main collector streets will be dedicated, and all other paved areas will be maintained by the homeowners . In response to a question from Trustee Shirley, Mr. Swanson stated that at the time Arlington Heights Road is widened to four lanes, a de-acceleration lane will be installed as required by the County. Trustee Fabish noted that the tax report shows only income and not expenses, and requested that this be done. In response to a question from Trustee Mahoney, Mr . Moody stated that the slope of the lake will be 4 to 1 until it reaches four feet deep. Trustee Mahoney asked if Mr. Wright of the Lake County Soil and Water Conservation District had withdrawn his objection. Mr. Seaberg suggested the new plan be submitted for their review. In response to a question from Trustee Shirley, Mr. Seaberg stated that the sewer pipe will follow the south side of Checker Road and angle across the park area to Farrington. Trustee Osmon suggested the builder investigate the new type of permeable asphalt for roads and walks. Lao President Armstrong, Trustee Osmon, and Trustee Driscoll read the annexation agreement and then it was discussed paragraph by paragraph. 2706 3/19/73 In response to a question from Trustee Shirley, Mr . Garrett stated that the trust document to be submitted will contain the names of the Trust holders. In paragraph 4 , Trustee Shirley felt that a 25% variance of unit mix was high. Mr. Swanson stated that this variance refers to three (3) bedroom units only which would allow for a maximum of 58 three-bedroom units. In paragraph 5, Mr. Raysa questioned "its share of installation" . After discussion, it was decided to change the wording to "its share, in conjunction with other developers" . In paragraph 6, Mr. Larson explained that the formula is the same as with Levitt. Mr. Raysa felt this paragraph should be reworded to provide for County requirements for tap-ons. In paragraph 7, Mr. Swanson stated that the Homeowners would maintain the lake. Mr . Larson felt the Village should maintain the outfall structure. In response to a question from Trustee Osmon, Mr. Swanson stated that there would be no open drainage. In paragraph 8 , Trustee Osmon expressed concern regarding the portion on on-street parking. After discussion, it was decided to delete this sentence. After discussion, it was decided to delete "lock gas" in the sentence regarding street lights. In response to a question from Trustee Rathjen and after discussion, it was decided to limit building set back from streets to not less than 20 feet. Mr . Seaberg noted that carriage walks are not allowed according to the Village Ordinance. It was decided to have the walks meet Village construction requirements, but four feet wide walks will be allowed. In paragraph 10, Trustee Rathjen questioned what is major . Mr . Garrett stated that if the Village thinks it is major , it is. Mr. Raysa suggested "by approval of Corporate Authorities" be added. In paragraph 11, Mr. Seaberg requested a reference for the developer to abide by engineering standards the same as imposed upon Otis and Levitt. Mr. Garett said these could be incorporated as an exhibit. Mr. Larson stated that National Electrical Code and AIA Fire Prevention Code supplemented by NFPA volume and other similar codes should be included with BOCA Code and Suburban Building Officials Code. Trustee Osmon expressed concern that no lot lines allows for a different type of fire district. Mr. Swanson stated that they will follow all fire ordinances and will take excessive precautions . 2707 3/19/73 In paragraph 12, Mr. Raysa suggested that part of the last sentence , "and the provisions or Resolutions" be deleted. Mr. Garrett agreed. In paragraph 14, after discussion, it was decided to reword to allow for an increase in tap on fees if it is required to pay indebted- ness of the Village under the terms of existing water bond ordinances and an increase in water rates if the Village deems it necessary for the maintenance of the water system. In paragraph 15, Mr. Raysa felt that enforcement of Ordinance and State Statutes should be enlarged upon. In paragraph 17 , Mr. Raysa suggested the last portion from "and to the extent" to the end of the paragraph be deleted. In paragraph 20, Mr. Raysa requested the Declaration of Restrictive Covenants be sent to the Village for review before recording. Mr. Raysa also suggested repair and maintenance of all common areas, pool, recreation building, be included in this paragraph. In paragraph 21, in response to a question from Mr. Larson, Mr. Swanson stated that the entrance way would be dedicated. Mr. Raysa suggested the sidewalks be restricted to reasonable acceptance of the Village. In paragraph 22. 2, Mr. James Duncan, representing School District #96, stated that the new impact study could be adjusted. President Armstrong stated that this will be adjusted according to Resolution #0-72-35. After discussion, it was decided the contribution be made at the time of building permits instead of occupancy permits, as provided in the resolution. In response to a question from Mr. Duncan, Mr. Swanson stated that the project should be completed in three years. In paragraph 26, Trustee Shirley suggested landscaping be in accordance with recommendations of the Appearance Commission. Mr. Larson stated this would be done at the time final plans for Phase I are submitted . In response to a question from Mr. Duncan, Mr. Larson stated that a construction route will be designated and Mr. Swanson will be required to post bond to cover damages to roads. Trustee Shirley noted that this project is in the Wheeling Fire Protection District . Trustee Shirley stated that if this project is accepted, the Village Engineer and Village Manager should be instructed to exercise all possible caution on the question of flood control. There being no further questions, Trustee Osmon moved the public ti-.. hearing adjourn. Trustee Shirley seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 12 : 10 A.M. 2708 3/19/73 Trustee Mahoney moved the regular meeting reconvene. Trustee Osmon seconded the motion, and upon a voice vote, the motion passed unanimously. `.• Swanson Annexation Trustee Osmon moved the Board direct the attorney, in cooperation with Mr. Garrett, to make the amendments to the annexation agree- ment discussed and prepare the necessary Ordinances for Board approval. Trustee Mahoney seconded the motion. Trustee Fabish stated that he would like the expense study. Mr. Larson stated that this would be available before the Ordinances are prepared. A roll call vote found the following : AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: Trustee Fabish The motion carried. Mr. Raysa stated that the Ordinances would be ready in two weeks. Hawthorne Project Trustee Driscoll moved the Attorney be directed to publish for public hearings before the Board on April 9, 1973 , for consideration of the annexation agreements for the Hawthorne Project and for the Wheeling Fire Protection District. Trustee Osmon seconded the motion, and upon a voice vote , the motion passed unanimously. Dominion Development Trustee Mahoney requested Mr. Raysa for a written opinion on the legality of the Dominion Development approval by the Board. Sump Pump Pits Trustee Osmon stated that Mr. Tenvoorde on Selwyn Lane advised him that he had complied with the ordinance regarding sump pump pits, but had received a letter stated that he had not completed. Trustee Osmon requested this matter be investigated. There being no questions from the audience, Trustee Osmon moved the meeting adjourn. Trustee Shirley seconded the motion, and upon a voice vote, the motion carried. Time: 12 :16 A.M. Respectfully submitted, 7 ______2 -), G % . Village Clerk Approved ' his , ' /day . �����_ , 1973 A #44,11Ar.k.,,K Vil age '•resid:nt