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1973-07-02 - Village Board Regular Meeting - Minutes 2792 7/2/73 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, JULY 2, 1973, AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS . President Armstrong called the meeting to order at approximately 8: 26 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 Osmon, Rathjen, Mahoney, Rech, Driscoll. Trustee Shirley arrived at 8: 30 P.M. Also present were Daniel Larson, Village Manager, Arnold Seaberg, Village Engineer, and Richard Raysa, Village Attorney. 1. Minutes of June 18, 1973 Trustee Mahoney moved the minutes of June 18, 1973, be approved as submitted. Trustee Osmon seconded the motion and requested the second paragraph under Warrant #266 on page 2785 be changed to define the payment referred to as being under Civil Defense. A roll call vote found the following: AYES : Trustees Osmon, Rathjen, Mahoney, Rech NAYES : None ABSTAIN: Trustee Driscoll ABSENT: Trustee Shirley The motion carried Trustee Shirley arrived at this time. 2 . Warrant #267 Trustee Shirley presented Warrant #267, in the amount of $70 , 785. 30, and made changes as a result of reclassification of three items and deletion of one item under Community Develop- ment, making the grand total $70 , 542 . 69 . Trustee Shirley moved Warrant #267 be approved as submitted and corrected. Trustee Osmon seconded the motion and questioned if the Civil Defense item deleted from the last warrant should be placed on this warrant. Mr. Larson stated that a letter, containing full 2793 7/2/73 description of the items and method of purchasing, is forth- coming from the Civil Defense Director and that the item will be on the next agenda. Trustee Osmon questioned the $22 , 072 . 30 expenditure under Water Operating to J. P . Miller Artesian Well Company and expressed concern that competitive bidding was not held on this item. Mr. Larson explained that this covers emergency repairs to Well #4. A roll call vote found the following: AYES : Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAYES : Trustee Osmon The motion carried. 3. Standing Committee Reports Blue Ribbon Committee/Mill Creek Park Site Trustee Osmon stated that 319 letters were mailed to Mill Creek homeowners requesting their comments on the change in the Mill Creek area providing a park. He stated that approximately 150 have been returned, the majority of which favor the change. A report and recommendation of the Blue Ribbon Committee will be presented at the next Board meeting. 4. Committee of the Whole Cambridge-on-the-Lake Mr. David Brown, attorney representing Richard J. Brown, Inc. , stated that they are requesting an amendment to the Planned Unit Development Ordinance for Cambridge-on-the-Lake. Mr. Robert Verbic distributed the following exhibits as follows : Exhibit A - Summary of Change in Total Units Affected by Proposed Amendment Exhibit B - Cambridge-on-the-Lake Buyer Profile Exhibit C - Density Figures for Cambridge-on-the-Lake Exhibit D - Parking Ratios Exhibit E - Letter from Associated Planners , dated June 18, 1973, favoring the change Exhibit F - Letter from Robert Verbic, dated June 26, 1973, containing petitions favoring the change. 1 Li 2794 7/2/73 Mr. Verbic then reviewed the history of the annexation. On March 16 , 1970 , an ordinance was passed for the initial Cambridge- on-the-Lake which called for a seven building development, five of which are completed. The two buildings to be built have been approved for six stories , one to be located on Dundee Road and one to the west. He stated that after review, it was decided to request permission to revise the plan by building one 80-unit four story building on Dundee Road instead of the two six story buildings containing 192 units. On May 10, 1973, a recommendation for approval was given by the Appearance Control Commission. On June 13, 1973, a public hearing was held by the Plan Commission and on June 20 , 1973 , the Plan Commission voted to recommend approval of the change by a three to one vote. He then displayed the Dundee Road elevation of the proposed building, a unit layout, and a site plan showing the open area which is a result of deletion of the seventh building. Referring to Exhibit C, he noted that according to current statistics , the original plan allows for 366 occupants while the revised plan allows for 173. 6 occupants . Referring to Exhibit D, he stated that the original plan provides . 95 parking spaces per unit while the revised plan provides 1. 16 spaces per unit. Referring to Exhibit E, he stated that Mr. Grossman' s professional opinion was that the reduction in density is desirable; that the building proposed is large, but aesthetically pleasing and workable; additional recreation is desirable; parking solution is workable; economic considera- tions pertaining to the Homes Association appear to be reasonable; and the proposed development is desirable . Referring to Exhibit F, he stated that 93% of the 128 Cambridge-on-the-Lake homeowners presented with the opportunity of responding to petition signed in favor of the proposed change. He requested the Board to adopt the amended plan with six buildings as shown on Exhibit AA2 with the mix as shown. Plan Commissioner Burt Harris reported that the Plan Commission met with representatives of Richard J. Brown, Inc. on several occasions and on June 13 a public hearing was held. Approximately 100 citizens of Cambridge-on-the-Lake attended the public hearing voicing a divergence of views both pro and con, and that it was evident that the primary opposition to the proposal was a personal economic one relating to the increases in the monthly maintenance charges which would result. On June 20, the Commission voted to recommend adoption of the change in plan by a three to one vote. s 2795 7/2/73 In response to questions , Mr. Verbic stated that the Regency is a two bedroom and den unit, the Chateau is a large two bed- room unit, and the Grenoble is a small two bedroom unit. Mr. Raysa advised that to accomplish the change in plan an amendment to the annexation agreement and a resolution author- izing the amendment will be necessary. Trustee Mahoney moved Mr. Raysa be directed to prepare the necessary documents . Trustee Shirley seconded the motion. Mr. Verbic stated that under the condominium declarations , the Developer guarantees a minimum monthly assessment of $25 for a time period of seven years, or until sold out, or until he lost condominium control. According to a new budget, the maintenance assessment spread over fewer owners would be approximately $29 . Mr. Kenneth Glick distributed expense projections prepared by the objectors which differed from the Developer' s . He stated that as the number of people who share the cost decrease, the amount of per unit cost will increase. According to the objector' s projections , the monthly maintenance cost will be approximately $43 per unit. Mr. R. S. Dickert distributed a letter to the President and Board dated July 2 , 1973, requesting an up to date expense projection prepared by a qualified, experienced, real estate, management firm so that the homeowners can evaluate the additional cost against the low density feature; noting that they purchased under a plan submitted by the builder and approved by the Village; requesting correction of code vio- lations; and requesting discussion of this matter be tabled. Mr. Click felt that the Regency is really a three bedroom unit, and that the annexation agreement allows 64 of this type of unit and the revised plan will have 96 . He felt the length of the proposed building would not be good for fire protection. He then asked how much could the people purchasing condominiums rely on the Village ' s Ordinances which provided for the number of units , scale, the method of units, and cost. He requested the Board to not be a party to a breach of these representations made by the Developer. Trustee Mahoney stated that the Statutes states that the majority of homeowners can change the conditions under which they purchased their homes and since the majority favors the change , he saw no merit to the argument of the objectors . Mr. Gordon Keyes, representing the Normandy Building, spoke in favor of the change. 2796 7/2/73 Mr. Eugene M. Sullivan, representing the Brittany Building, read a statement requesting equal time to photostat documents pertaining to the change in order to compare it against the original ordinance to determine if the new plan is beneficial to or detrimental against the purchasers , and also requesting the Brittany Building be properly prepared for occupancy permits . Ron Helms of the Appearance Control Commission stated that their comments were cursory because they had been informed that this change would take place. Mr. Brown stated that he was in attendance at the meeting and heard no statement to that effect. Mr. Larson stated that the Chief Inspector advised that the way the humidifier is installed could be injurious to health; therefore, he refused to issue occupancy permits in the building until it is corrected. He stated that Mr. Verbic has agreed to correct this in accordance with the building codes. Stan Haarr, Plan Commissioner, questioned if parking placement meets requirements of the Zoning Ordinance, and expressed concern on length of building and suggested it be "L" shaped. He noted that the change, if passed, will have to be presented to the Plan Commission for final plat approval prior to any building permits being issued. Trustee Rech requested a legal opinion on if the proposed bui di g should uld be considered a four or five story building Trustee Mahoney amended the motion to direct the attorney to be prepared to address himself to the question of the Developer' s right to build a building of this height. Trustee Shirley seconded. Because he questioned if the annexation agreement had expired, Trustee Osmon moved discussion of this matter be tabled. There was no second to the motion. Trustee Mahoney amended the motion to direct the attorney to prepare an opinion on legal impediments. Trustee Shirley seconded. Mr. Brown stated that they have requested Baird and Warner to prepare a budget. He then reviewed various points of the building with regard to fire protection. A roll call vote found the following: AYES : Trustees Osmon, Rathjen, Mahoney, Driscoll NAYES : Trustees Shirley and Rech The motion carried. 2797 7/2/73 10 : 43 P .M. - The President declared a recess. 11 : 05 P.M. - The meeting resumed Sidewalk to Twin Groves School After review, Trustee Shirley moved the Village Engineer be directed to obtain the necessary easements and prepare plans for building the sidewalk in a five feet width of concrete, running from the Twisted Oak cul de sac to Carlton Place along Arlington Heights Road, the cost to be shared with Levitt and Sons in accordance with the notation of June 21, 1973, which excludes their obligated costs with regard to rebanking of the ditch. Trustee Rathjen seconded the motion. Howard Keister, 1061 Twisted Oak, felt that the sidewalk should not be on Arlington Heights Road because it could be dangerous for children. Mrs . Wilbur Long, 1081 Twisted Oak, suggested the Aspen ditch be filled in to Twisted Oak and the sidewalk installed over it. It was explained that this possibility had been investigated and found to be too expensive. A resident from Aspen Court favored the Arlington Heights Road route because it would give access to the Checker Road park site. Mr. Kilpatrick, 925 Sussex Court, testified that he has a sidewalk beside his home and has been plagued with vandalism and traffic. Trustee Mahoney requested Mr. Larson to investigate the possibility of removing this sidewalk. A roll call vote found the following: AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES : None The motion carried. Trustee Rathjen requested the Appearance Control Commission to address itself to plantings along the sidewalk. v Lieberman Annexation Trustee Mahoney moved the Board of Trustees public hearing regarding the Lieberman annexation be set for July 23, 1973, at 8: 00 P.M. Trustee Driscoll seconded the motion, and a roll call vote found the following : AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES : None 2798 7/2/73 The motion carried. President Armstrong instructed the Village Attorney to prepare the necessary notice. Lieberman Sign Ron Helms of the Appearance Control Commission reviewed the request of Lieberman Realtors for construction of a sign. He stated that the Appearance Control Commission recommends approval and that the sign meets the requirements of the Sign Ordinance. Trustee Shirley moved for approval of the sign as recommended. Trustee Osmon seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES : None The motion carried. Levitt Public Hearing Trustee Osmon moved notice of public hearing on August 6 , 1973, at 8: 00 P.M. be published for Levitt' s request for change on the Koelper DeMuth parcel. Trustee Rathjen seconded the motion, and a voice vote found the following: AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES : None The motion carried. P.U.D. Ordinance Trustee Osmon moved the Village Attorney be directed to prepare the necessary Ordinances to adopt the Planned Unit Development Ordinance for official approval. Trustee Shirley seconded the motion. Trustee Rathjen questioned if the Ordinance should state that any development being annexed must be in harmony with the purpose and intent of the Official Plan, because he felt it was never the intent that the Official Plan be followed e e-b y. Trustee Mahoney noted that interpretation of the Official Plan is open for discussion. A roll call vote found the following: AYES : Trustees Shirley, Osmon, Mahoney, Rech, Driscoll NAYES : Trustee Rathjen The motion carried. 2799 7/2/73 1973-74 Budget President Armstrong noted that the 1973-74 budget has been discussed at several previous meetings . Trustee Osmon requested the budget to provide adequate monies for referendum on the question of a municipal fire department. Mr. Larson stated that there will be money available. Trustee Shirley moved the budget report for this 1973-74 fiscal year be adopted. Trustee Osmon seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None The motion carried. Fourth of July Proclamation President Armstrong proclaimed July 4 , 1973, as the day to honor America. Trustee Osmon moved for Board concurrance on the President' s proclamation. Trustee Driscoll seconded the motion, and upon a voice vote , the motion passed unanimously. Plumbing Ordinance Amendment After discussion, Trustee Shirley moved consideration of the proposed ordinance revising fees for plumbing inspection be tabled until the Village Attorney can review and make recom- mendations. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Buffalo Grove Fire Department Trustee Rech moved the Buffalo Grove Fire Department and Wheeling Fire Protection District be asked to refrain from proceeding with the establishment of the Fire Department building on Dundee Road until such time as the Board of Trustees of Buffalo Grove have had an opportunity to carefully evaluate the location and cost factors in connection with the Fire Protection Study. Trustee Mahoney seconded the motion, and a voice vote found the following: AYES : Trustees Shirley, Osmon, Mahoney, Rech, Driscoll NAYES : None ABSTAIN: Trustee Rathjen The motion carried. 2800 7/2/73 There being no questions from the audience, Trustee Osmon moved the meeting adjourn. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 12 : 35 A.M. Respectfully submitted, -2 7-'7. e-V Village Clerk Approve h s ay of , 1973. ag Pr ident i 1 11 I `/ 7� I I 1 1 II I II 1 I i 1