1973-04-09 - Village Board Regular Meeting - Minutes 2718
4/9/73
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, APRIL 9 , 1973 , AT THE MUNICIPAL BUILDING,
�-- 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS.
The President called the meeting to order at approximately 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 Fabish, Shirley, Osmon, Rathjen,
Mahoney, Driscoll
Also present were Mr. Daniel Larson, Village Manager, Mr. Arnold
Seaberg, Village Engineer , and Mr . Richard Raysa, Village Attorney.
1. Minutes of April 2, 1973
Trustee Osmon moved the minutes of April 2, 1973 , be approved as
submitted. 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.
2 . Warrant #261
Trustee Shirley presented Warrant #261 , in the amount of $98 ,913 . 68 ,
and moved for its approval. Trustee Fabish seconded the motion.
Discussion followed regarding several items, but no changes were
made. A roll call vote found the following:
AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll
NAYES: None
The motion carried.
3 . Standing Committee Reports
Environmental Control Committee
Trustee Shirley reminded the Board of the Environmental Control
Committee' s exhibit at the Buffalo Grove Mall this weekend and
invited all to participate. He stated that Mr . Raysa has reviewed
and approved the license agreement with the Mall and suggests
insurance coverage be obtained. Trustee Shirley moved the Village
`.._ enter the agreement with the stipulation of obtaining insurance.
Trustee Mahoney seconded the motion. In response to a question
from Trustee Fabish, Trustee Shirley stated that there will be no
cost to the Village. A voice vote found the following :
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4/19/73
AYES : Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll
NAYES: None
The motion carried.
4 . Committee of the Whole
Public Hearing/Wheeling Rural Fire Protection District
President Armstrong called to order a public hearing to consider an
annexation agreement by and between the Village and the Wheeling
Fire Protection District. The President noted that notice of the
hearing was published in the Buffalo Grove Herald on March 23 , 1973 .
Fire Chief Wayne Winter, representing the Wheeling Rural Fire
Protection District, presented the Fire Station plans. He stated
that the Fire Station will be on 2 of the 6.4 acres and that the
Fire District plans to sell the remaining acreage. He then displayed
the site plan of the 2 acres. He described the location as being
directly west of Kingswood Methodist Church, on the south is a
vacant field 580 feet deep, on the north, across Dundee Road, is
vacant property owned by the Archdiocese, and on the west is a
greenhouse and Frenchman' s Cove. The Fire Station will be located
on the front half of the property with a setback of approximately
75 feet. There will be four bays facing the front with a four
bay driveway and turn-around lane. There will be one door to the
rear for emergencies. A parking lot, accommodating 24 cars, will
be located in the rear. A private drive, for Fire Department use
only, will be located on the east side. The rear section of the
property will be depressed, seeded, and used for water retention;
however, it may be used for parking in the future.
Chief Winter then displayed a rendering of the building, which will
be dark brick with a mansard roof , and of steel and masonry
construction. Storage areas will be sprinklered. There will be
quarters for 12 men per shift. It will house all of the equipment
owned at the present time.
In response to a question from Trustee Osmon, Chief Winter stated
that the rear area will be depressed 12 to 18 inches with provision
for controlled run off, beneath the fire station and parking areas
will be 6 ft. diameter sewer pipes for water storage, and the
roof is designed to hold 6 inches of water to be released at the
proper rate. All of this will drain to the main storm sewer at
the prescribed rate. He stated that the engineers have over-
controlled the storm water by 50% .
In response to a question from President Armstrong, Chief Winter
stated that they have been advised by the State that if need is
shown, a traffic signal will be installed.
In response to a question from Trustee Shirley, Chief Winter stated
that there will be no turn lane on Dundee Road for ingress to their
Tram. property.
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4/9/73
In response to a question from Trustee Shirley, Chief Winter stated
that there will be no interconnection between the Fire District
property and the business portion of the property.
In response to a question from Trustee Shirley, Chief Winter stated
that the names of beneficiaries of the trust were submitted to the
Plan Commission.
In response to a question from Trustee Shirley, Chief Winter
stated that one engine and one ambulance will be kept at the
Municipal Building to service the northern portion of the district.
In response to a question from Trustee Shirley, Chief Winter stated
that the Wheeling Fire Protection District will be the owners of
the property. When paid for, the ownership reverts to the Buffalo
Grove Fire Department. He stated that if the Village goes to a
Municipal Fire Department, only the unpaid balance will be assumed.
In response to a question from Trustee Shirley, Chief Winter stated
that money gained from the sale of the remaining portion of the
property will be used for the construction of the fire station.
In response to a question from Trustee Shirley, Chief Winter stated
that the Fire Station will be financed through the Bank of Buffalo
Grove and that there will not be a referendum.
After discussion, it was decided to obtain a written agreement with
the Wheeling Fire Protection District indicating that when the
Village assumes a Municipal Fire Department, the property will be
conveyed to the Village for the balance due.
In response to a question from Trustee Shirley, Chief Winter
stated that they foresee no reason for expansion of the station.
Trustee Shirley expressed concern for obtaining proper traffic
control .
In response to a question from Trustee Osmon, Chief Winter stated
that the building is designed to be a paid man station.
In response to a question from Trustee Shirley, Chief Winter
stated that 42 men are needed in order to have 12 man shifts.
Mr. Larson stated that with that many men involved, a Municipal
Department would be 12 to 15 years away.
Trustee Mahoney inquired as to the possibility of including in the
annexation agreement a provision to bind the District to consent,
at some time in the future, not to oppose an effort to disconnect
incorporated Buffalo Grove from the District.
Trustee Mahoney asked Mr. Raysa to explore the possibility of the
Village binding the District to not assume bonded indebtedness
without consulting the Village.
Mr. Raysa stated that he would investigate Trustee Mahoney' s
questions .
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4/9/73
In response to a question from Mr. Raysa, Chief Winter stated
that he is an officer of the Wheeling Fire Protection District
and is present tonight as their agent.
Mr. Ralph Broughton, design consultant , was present to represent
the proposed purchasers of the remaining four acres. He displayed
a site plan of the property. On the rear portion of the property
is a 30, 000 square foot medical building and a 30, 000 square foot
office building with two levels of underground parking. He then
displayed a rendering of the bank. He stated that the buildings
will cost $45 a square foot and will be of masonary construction.
A screening of plantings will surround the property with additional
plantings in the plaza and courtyards . He stated that when the
amount of drainage is determined, decorative pools will be added.
He stated that they are confident that they will receive a national
charter for the bank.
In response to a question from Trustee Fabish, Mr. Broughton stated
that the buildings will be 30 feet high with 2 stories of under-
ground parking.
In response to a question from Trustee Mahoney, Mr. Broughton
stated that they should have their charter in 3 to 4 months and
construction of medical building should begin in approximately
3 months.
Mr. Raysa suggeAed B-0 zoning be granted instead of B-1 in order
`., to restrict the property to professional use.
Mr. Raysa suggested developer ' s responsibility for maintenance of
parking lot and street be included in the agreement.
In response to a question from Trustee Shirley, Carl Van Engen,
Plan Commissioner, stated that the developer had agreed to the
Plan Commission' s recommended changes .
In response to a question from Trustee Shirley, Mr. Broughton stated
that marketing research shows this to be a good location for a
bank.
In resonse to a question from Trustee Shirley, Mr. Seaberg stated
that requirements for retention have not been calculated, but
that the developer must meet the requirements of the Ordinance.
Carl Van Engen stated that the Plan Commission approved this
project with changes by a 5-3 vote. The majority felt this project
would be an asset to the community and was logical use of the land.
The minority opposed business on Dundee Road, and felt this is in
conflict with the Master Plan.
In response to a question from Trustee Fabish, Mr. Broughton stated
that if State approval is obtained, a left turn lane will be
installed on Dundee Road.
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4/9/73
In response to a question from Trustee Mahoney, Chief Winter stated
that if growth does not take place to the northeast, this station
is still needed.
Howard Mendenhall, Plan Commissioner, expressed concern that this
would set a precedent for more business area on Dundee Road.
There being no further questions, Trustee Shirley moved the public
hearing adjourn. Trustee Fabish seconded the motion, and upon a
voice vote , the motion passed unanimously.
9 : 40 P .M. - The President declared a recess
10 : 00 P.M. - The meeting resumed.
Trustee Osmon moved the regular meeting reconvene. Trustee Driscoll
seconded the motion, and upon a voice vote, the motion passed
unanimously.
Wheeling Fire Protection District Annexation
President Armstrong read the annexation agreement between the
Village and the Wheeling Fire Protection District. He read the
recommended changes of the Plan Commission and noted that they
will be included in the final document.
Trustee Shirley requested the inclusion of a provision for a left
turn lane, assuming approval of the State Highway Department.
Trustee Mahoney requested Mr. Raysa to explore with the attorney
for the Fire District provisions whereby the District would agree
and cooperate with the Village in terms of a future disconnection.
Trustee Mahoney requested Mr . Raysa to explore the possibility
whereby the Village can have a "handle" on bonded indebtedness
that would apply to this property.
Mr. Larson felt that paragraph 7 should be consistent with require-
ments placed on Otis and Levitt regarding recapture for oversizing
of sewer and water mains. Mr. Broughton agreed.
Trustee Shirley requested an inclusion that, in the event of the
formation of a Municipal Fire Department, purchase of the property
will be limited to balance due on the mortgage.
Trustee Mahoney requested that the next to last sentence of Para-
graph 4 be clarified on the point that the Plan Commission and
Appearance Control Commission are advisory bodies.
Trustee Fabish requested that exhibits be marked and initialed.
President Armstrong stated that Exhibit A will be Fire Department
site plan, Exhibit B will be elevation of Fire Station, Exhibit C
will be the B-0 site plan, Exhibit D will be the rendering of the
bank, and Exhibit E will be the elevation of the bank.
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4/9/73
Trustee Osmon moved the Attorney be directed to prepare a new
revised annexation agreement incorporating the four recommendations
plus the changes agreed to in the report from the Plan Commission
►- and prepare the necessary ordinances to annex and zone the property
for the next Board meeting. Trustee Fabish seconded the motion.
Mr. Raysa stated that the petition for annexation must be signed
by the owners and contract purchasers of the property, that legal
descriptions should be included in the agreement , and because they
are requesting straight B-0 zoning, developer should be subject to
all present and future Ordinances.
In response to a question from Mr. Raysa, President Armstrong
stated that the Village does not charge for water used for fire
protection.
Trustee Osmon amended the motion to include these changes. Trustee
Fabish seconded, and a roll call vote found the following :
AYES: Trustees Fabish, Shirley, Osmon, Mahoney, Driscoll
NAYES : None
ABSTAIN: Trustee Rathjen
The motion carried.
Ordinance #0-73-10
President Armstrong read Ordinance #0-73-10, an Ordinance rezoning
certain property on Dundee Road to B-1 Business District General
Retail to permit the construction of two office buildings by
Lieberman Realty, Inc. Trustee Fabish moved Ordinance #0-73-10
be adopted. Trustee Osmon seconded the motion, and a roll call vote
found the following:
AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll
NAYES: None
The motion carried.
Hawthorn Development/Public Hearing
At the request of the developer, Trustee Osmon moved the public
hearing to consider an annexation agreement between the Village and
the developers of the Hawthorn development be continued until
April 16, 1973 , at 8 : 00 P.M. Trustee Driscoll seconded the motion,
and a voice vote found the following:
AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll
NAYES : None
The motion carried.
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4/9/73
Ordinance #0-73-11
President Armstrong read Ordinance #0-73-11 an ordinance approving
►--- annexation agreement for certain property on Arlington Heights
Road at Checker Road commonly referred to as the Swanson develop-
ment. Trustee Osmon moved Ordinance #0-73-11 be adopted. Trustee
Driscoll seconded the motion.
President Armstrong noted that the agreement has been read at a
previous meeting. Mr. Larson reviewed with the Board changes in
the agreement recommended by Mr. Raysa as follows :
1. Page 1, paragraph 3 , line 3 , "to contain approximately"
be changed to "not to exceed" .
2 . Paragraph 5, line 8 , "connection of such sewer facilities
to the Project and to the proposed Lake County inter-
ceptor sewer" be changed to "issuance of Village sewer
and water permits" .
3 . Paragraph 5, added to end will be "Recoupment of the
utilities is limited to oversizing expense only" .
4 . Paragraph 6, delete last 6 lines.
5 . Paragraph 8 , add to the end "and shall conform to
engineering standards as attached" .
6. Paragraph 10, line 8 , change "to and approved by the
Corporate Authorities" to "for approval" .
7 . Paragraph 11 , line 13 , delete "so long as the same are
consistent with the intended development of the Project . "
8 . Paragraph 14 , (i) changed to read "water and sewer
service tap-on fees and rates may be increased (not
retroactively) , but only if required by the Village
IF under the terms of existing water bond ordinances of
the Village and the Lake County sewer treatment
contract dated April 18 , 1972 . "
9. Paragraph 15 , line 2 , change "streets and the premises"
to "property" .
10. Paragraph 16, line 2 , add "beneficiaries" .
11. Paragraph 20, line 9, add "and water retention areas"
after "pool" .
12 . Paragraph 20, line 12 , delete "and reviewed by" and
add "for approval" after "Authorities" . Delete "and
+ found by them to acceptably establish the obligation
of Owner under this Paragraph 20" .
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4/9/73
13 . Paragraph 20, line 16 , "work" be changed to "material
and labor expense" and added to the end of the sentence
"and enforce said collection by action at law or equity.
L., In the event any court action is required, the Village
shall recover such expense and reasonable Attorney fees. "
14 . Paragraph 21 .1, line 2 , delete "excluding the entrance
areas" , and line 7 , delete " (to be reasonably accept-
able to the Village) " .
15 . Paragraph 21 .2 , line 2 , delete "excluding the entrance
areas" and line 7 , delete " (to be reasonably acceptable
to the Village) " .
16 . Paragraph 24 , line 5, "water main" be changed to
"sanitary sewer" .
17 . Paragraph 26, last line, change "building permits"
to "final plat and development plan" .
Trustee Osmon amended the motion to include the changes discussed.
Trustee Driscoll seconded the motion, and a roll call vote found
the following :
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll
NAYES : Trustee Fabish
... The motion carried.
Trustee Fabish stated that he objects to this project because it
is located on Buffalo Creek and he is concerned about flooding.
President Armstrong announced that consideration of the Ordinances
annexing and zoning the property is deferred until April 23 , because
the Wheeling Fire Protection District had not received legal notice.
Resolution #0-73-10
President Armstrong read Resolution #0-73-10, a resolution appoint-
ing substitute judges of election. Trustee Fabish moved Resolution
#0-73-10 be adopted. 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.
There being no questions from the audience, Trustee Osmon moved
the Board adjourn to workshop session. Trustee Driscoll seconded
the motion, and upon a voice vote, the motion passed unanimously.
L. Time: 11 : 33 P.M.
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Respectfully submitted,
Li Village Clerk �y
Appro -. •i da - (2 , 1973
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