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1973-07-23 - Village Board Regular Meeting - Minutes 2813 7/23/73 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 23 , 1973, AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS President Armstrong called the meeting to order at approximately Lod 8 : 24 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. ABSENT: Trustee Shirley Also present were Daniel Larson, Village Manager, Arnold Seaberg, Village Engineer, . and Richard Raysa, Village Attorney. 1. Minutes of July 16 , 1973 Trustee Rathjen moved the minutes of July 16 , 1973 , be approved as submitted. Trustee Osmon seconded the motion, and a roll call vote found the following: L.r AYES: Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. 2. Committee of the Whole Lieberman Annexation/Public Hearing President Armstrong called to order a public hearing to consider the petition of Stanley Lieberman for annexation of . 8 acres located on the north side of Dundee Road approximately 400 feet west of Golfview Terrace and adjacent to the parcel currently owned by Mr. Lieberman which is zoned B-1 for office and retail. President Armstrong noted that the notice for public hearing appeared in the Buffalo Grove Herald on July 11, 1973. Stanley Lieberman stated that the parcel is surrounded by Buffalo Grove on three sides. Because the parcel is contiguous to his B-1 parcel, he requested annexation and B-1 zoning in order to develop the Buffalo Grove Plaza on both parcels. He L. stated that a B-1 business district would be the highest and best use for the property and the property is too valuable to be sold for residential. 2814 7/23/73 He stated that he is now authorized to construct on the first parcel a two story structure with a one story structure adjacent L. to it. He proposed to drop the second story and place the square footage on the additional land. He introduced as an exhibit the site plan which included both parcels. The western portion is zoned for the first phase of the project, and the new parcel will add approximately 10, 000 square feet to the project. Provisions for privacy and land- scaping have been made around the perimeter of the property. Mr. Lieberman entered as an exhibit, a rendering of the proposed Buffalo Grove Plaza. He said the building is Mediterranean style and includes three atriums, the building is lit discretely by lighting not above eight feet which throws the light directly down, and entrance lights are four feet high. He showed a sample of the bronze glass and solid wood doors for the front of the building. He stated that they had met every request of the Appearance Control Commission. He entered as an exhibit the landscaping plan. Mounds , similar to those in front of the Oak Creek Apartments, and 32 inch diameter trees will be in front of the project. Three and a half inch diameter Norway Maples will be between the atriums. He stated that upon recommendation of the Plan Commission and Appearance Control Commission, the driveway on the eastern boundary was removed and replaced with extensive landscaping. He stated that in the rear 144 six foot high evergreen hedges will be planted three feet on center. He pointed out three areas for refuse which will be enclosed by a redwood fence. He said this will be a quality center with a contemporary air and will enhance the front door of Buffalo Grove. He stated that of the 35, 000 square feet, 10, 000 square feet will be covered with the building. Plan Commissioner Howard Keister stated that the Plan Commission held a public hearing on June 13 , 1973 . At its meeting of June 20 they considered the development but was unable to reach agreement on a recommendation to the Board. At the Plan Commission meeting of July 5, Mr. Mendenhall proposed that we recommend this annexation and development plan to the Board on the condition that the portion of the originally proposed loop driveway around the structure be changed so that the driveway portion originally proposed along the eastern portion of the property be deleted. Mr. Mendenhall indicated that he had discussed this driveway change with the Police Chief and the Fire Chief and they are agreeable. NAYES 1 AYES 5 ABSENT 1 2815 7/23/73 He said the majority of Commissioners felt that this was the best use of the property taking into consideration the pre- viously annexed property adjacent to it and the possibility that the parcel would not be sold and annexed residentially because of its value. They also felt that the developer had met the objections for screening from the residential property. Appearance Control Commissioner Ron Helms stated that the developer met all of the suggestions of the Commission and that they recommend approval of the plan. In response to a question from Michael Kearns, 364 Dundee Parkway, Mr. Lieberman indicated that a "turn around" , 30 feet deep, will be located at the eastern rear side of the building. Philip Kupritz, architect, stated that the building is 42 feet from the eastern property line and 128 feet north of Dundee Road. In response to a question from Mr. Kearns, Mr. Lieberman stated that phase 2 of the project will be a professional center with specialty shops. In response to a question from Mr. Kearns, Mr. Lieberman stated that the "turn around" will be screened. Harry J. Dunderdale, 365 Chenault, stated that the "turn around" will be next to his property and expressed concern about exhausts, vile odors, garbage, and empty stores. Cliff Wall, 393 Chenault, expressed concern that if the parcel in question is raised to the level on Phase 1, it will cause a water runoff problem on his property. Mrs. Dunderdale, 365 Chenault, appealed to the Board to require commercial property to be further away from residential property. Leslie McFarland, 801 Golfview Terrace, felt that it is not proper to have commercial next to residential. Suzanne Fabian, 9 Charles Court, felt that the proposed project is too close to residential homes. She asked the Board to con- sider individuals before profit gain. She stated that as long as the property is unimproved its only use can be residential. She also felt there should not be another deviation from the master plan. She felt the center should be built, but that there should be more separation from the residential. Mr. Kearns stated that residents in the area purchased their homes on the basis of the master plan; therefore, it should be followed. He wanted Mr. Lieberman to be more explicit as to what type of shops will be in the center. He stated that �... he would like to see a market study, a traffic study, and an economic study for the project. He felt the median income of Buffalo Grove would not support the type of shops Mr. Lieberman would like to attract and that convenience shops would go in. He then displayed pictures of undesirable situations at 2816 7/23/73 shopping centers in Buffalo Grove and Wheeling. Mr. Lieberman stated that he owns a home and a business in Buffalo Grove and has a deep interest in the Village. He stated that a complete engineering study has been submitted to the Village Engineer, and that according to MSD and Village standards they must retain all water on their own property; therefore, runoff should improve. He stated that the Village requires the building to be 20 feet from the property line and that he has provided 42 feet. He stated that the Village requires the building to be 6 feet from the side property line and that he has provided 22 feet. He stated that the new master plan calling for residential on Dundee Road was adopted in the last few months and that the old master plan called for commercial. He stated that paragraph 22 of the annexation agreement restricts the property from having a restaurant or tavern on the property. He felt the Village is ready, willing, and able to support a quality center. Joyce Welzin, 335 Chenault, spoke opposing the plan. Mr. Kearns expressed concern that at a later time, convenience type stores could be in the center. He suggested that 8 foot fencing, along with the bushes, would be a better buffer. He felt the traffic in the area did not warrant another convenient shopping area. Glenn Thorstenson, 355 Chenault, stated that he recently purchased his home because there was no commercial in the area. Frederick Latzel, 354 Dundee Parkway, expressed concern that the shopping area would not be successful and there would be empty stores. He also was concerned that the area would not be kept clean. Mr. Lieberman stated that he is in the real estate business and in his opinion Buffalo Grove needs additional retail stores. He stated that the pictures viewed tonight were of shopping centers established before the creation of the Appearance Control Commission. He stated that a traffic count on Dundee Road is substantial and enough to support business. Dennis Graham, 323 Chenault, felt that the major problem of the project is the placement of the project on the property. Trustee Rathjen asked if Mr. Lieberman would limit use to office. Mr. Lieberman felt he needed more flexibility for leasing. Discussion took place regarding the possibility of switching retail to the west part of parcel. 2817 7/23/73 Trustee Rathjen questioned possible flooding. Philip Kupritz stated that there would have to be underground piping to catch basins and that water retention requirements will have to be met. In response to a question from Trustee Rathjen, Mr. Kupritz stated that the width of screening on the east side would be 10 feet. In response to a question from Trustee Rathjen, Mr. Kupritz stated that the manual used to determine the turn around requirements was the Architectural Graphics Standards. Trustee Rathjen asked what adverse effect the business area might have on the investment of the single family homeowners. Mr. Lieberman referred to three homes he sold, with no loss, on Whitehall, which backs up to an empty area zoned B-3. He felt homes backing up to an attractive business is more desirable than a vacant business area. Trustee Rathjen expressed reservation about the success of a specialty shop center in this area. Trustee Mahoney expressed concern about the "turn around" because of its proximity to residential. He suggested reversing the building and have offices on the eastern portion. He 1�„�, requested a modification on the "turn around" . Trustee Mahoney felt the annexation agreement should include the obligation of the owner to replace dead trees. Mr. Lieberman agreed to this. Trustee Mahoney requested Mr. Raysa to investigate the possibility of the Village being able to regulate delivery hours. Trustee Mahoney asked if the annexation agreement could contain a requirement for lessees to maintain cleanliness behind the building. Mr. Lieberman agreed to this. In response to a question from Trustee Mahoney, Mr. Kupritz stated that the height of the building will be 13 ' 6" . President Armstrong suggested retaining the second story and reduce the building next to residential. Mr. Lieberman stated that an elevator would be required and would be a major cost factor. Trustee Osmon suggested a decorative masonary wall in the rear of the project and masonary screening for refuse containers. In response to a question from Trustee Driscoll, Mr. Kupritz stated that the areas for trash are islands twelve feet wide. 2818 7/23-73 In response to a question from Trustee Driscoll, Mr. Lieberman stated that there will be a janitor for maintenance of the moot project. In response to a question from Trustee Driscoll, Mr. Lieberman stated that the proposed lighting was suggested by the Appear- ance Control Commission. Trustee Rech favored retaining the two story concept and have more buffer from the residential and then be able to have a u-shaped drive. Mr. Lieberman stated that he prefers a low profile building so that all will be screened. In response to a question from Trustee Rech, Mrs. Dunderdale stated that she has lived in Buffalo Grove four years and Mr. Kearns stated that he has lived here three years. In response to a question from Trustee Rech, Mr. Seaberg stated that drainage will be underground to the storm sewer on Dundee Road. 11: 00 P.M. President Armstrong declared a recess. 11:16 P.M. The meeting resumed. In Trustee Shirley' s absence, Mr. Larson read his comments. Trustee Shirley originally objected to the petition for tr""' annexation being sent to the Plan Commission for review because the Master Plan does not call for commercial on Dundee Road. He also expressed concern over the location of the road, the treatment of collection of garbage, and landscaping and buffering of the parking areas at the rear of the building. He would like to see the project built in an area already zoned commercial or designated as commercial on the Master Plan. Trustee Osmon noted that the Village Ordinances give the Village the power to control odors. Trustee Osmon explained to the audience that discussion on changes in the project is held prior to annexation in order for the Village to have control. Trustee Rathjen requested the Clerk to review notices given for the original rezoning. The Clerk stated that notice of Plan Commission public hearing was published in the Buffalo Grove Herald on January 2 , 1973 , and read the addresses of those people receiving notice by mail. President Armstrong stated that the Village Board is not required to hold a public hearing for rezoning; however, the item was published on the regular agenda which was written in the Buffalo Grove Herald. 2819 7/23/73 Mr. Kupritz stated that it would be possible to eliminate the "turn around" by taking a notch out of the back building so `—' that vehicular traffic could pull in to turn around. He felt the refuse could be stored in the same notch. One atrium in front would be eliminated in order to maintain square footage. Mr. Kearns suggested an alleyway in the middle of the center for traffic and refuse. He felt this concept would prevent unsight- liness. Trustee Rathjen suggested a "u-shaped" building, thus making the building farther from the north and east boundaries. Mr. Kearns presented a petition, signed by 48 property owners within 500 feet of the property in question, requesting the Board to deny Mr. Lieberman' s petition. President Armstrong closed the public hearing and called the regular meeting to order at 11:50 P.M. President Armstrong polled the Board, a yes vote favoring annexation of the property as generally proposed and as might be changed and discussion should continue and a no vote indicating disfavor. The poll found the following: L. YES: Trustees Osmon, Mahoney, Driscoll NO: Trustees Rathjen and Rech ABSENT: Trustee Shirley Mr. Raysa stated that approval of an annexation with an ag eement rypres a 2/3 vote of the corpor to authorities, • Trustee Osmon moved consideration of the petition be tabled until the next meeting so that Trustee Shirley may vote. Trustee Rech seconded the motion and a roll call vote found the following: AYES: Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. Trustee Osmon requested all people within 500 feet of the Lieberman property to be notified of the next meeting. L. 2820 7/23/73 Lake County Sewage Treatment Mr. Larson stated that the Lake County Public Works Department is in the process of extending their sanitary sewer to connect to the Village sanitary sewer on Farrington Drive. He said they are using the Village right of way, removing some driveways and some streets. He recommended residents in these homes to take pictures of present condition so that property can be restored to condition before construction. Paul Kochendorfer questioned if driveways would be replaced according to old or new Village concrete standards. Mr. Larson stated that he would consult with Mr. Degen of the Lake County Public Works Department on this matter. Mr. Kochendorfer expressed concern over safety precautions during construction. Mr. Larson stated that he would contact the contractor and Mr. Degen about this. Trustee Osmon requested notice be sent to the Police Department to allow for overnight parking on the street during construction. Trustee Osmon requested Mr. Larson to check the agreement to determine if tree replacement is included. Well #2 Reservoir Mr. Larson reviewed bids received for a 1, 000, 000 gallon addition to the underground reservoir at Well #2. He stated that the bid opening was held on July 16, 1973, and the bids were as follows : George D. Hardin, Inc. $223 ,330 Roy T. Terp Construction Co. $227 ,150 Roberts - Lang - Gray, Inc. $224 , 956 Bulley and Andrews $188 , 642 Wm. Ziegler & Son $228 ,408 Interstate General Contractors $275,121 William A. Randolph, Inc. $221,317 Keno and Sons Construction $199,500 He stated that the low bidder, Bulley and Andrews, had not enclosed a bid check; however, it was delivered to the Village Clerk within 24 hours. The next low bidder was Keno and Sons. Mr. Raysa stated that the formality of a bid check can be excused by the Board, and that it would be acceptable to accept the low bid if it is felt the bidder is competent to do the job. L.. 2821 7/23/73 Mort Rosengarten, attorney representing Keno and Sons, stated L. that in the notice to bidders, instruction to bidders, and the contract, requirement of a bid check is stated. He felt that if the Board accepts the low bidder, they will no longer have to follow the bid forms of the Village of Buffalo Grove. Trustee Mahoney moved the Board accept the bid of Bulley and Andrews, in the amount of $188 , 642. Trustee Osmon seconded the motion, and a roll call vote found the following: AYES : Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. Trustee Mahoney suggested that Keno and Sons submit a break down of costs. Emergency Generators William Davis, Director of Public Works, recommended purchase of one portable generator to service the Cambridge and the old treatment plant lift stations and one permanent generator to service the Golfview lift station. Discussion took place regarding cost and amount budgeted. Trustee Rathjen moved specifications be drawn for a permanent power source at the Raupp Blvd. lift station as well as the two portables and one permanent, and offer an alternate for deisel or gas. Trustee Osmon seconded the motion, and a roll call vote found the following: AYES: Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. 3. Questions from the Audience Sidewalk to Twin Grove School William Frey, 1181 Twisted Oak, registered an objection that the sidewalk easement to Arlington Heights Road has been placed next to his property. President Armstrong explained that after L. several meetings on the matter, it was the Board' s decision that it is preferable to have the sidewalk in this location. The President stated that the easement could not be there if the property owner did not agree. The President suggested he write a letter to the Board asking them to reconsider the matter. 2822 7/23/73 St. Mary' s Sanitary Sewer Trustee Mahoney requested Mr. Raysa to follow up on the agreement between the Village and the Archdiocese for the sanitary sewer at St. Mary' s school. Building Code Trustee Mahoney requested Mr. Raysa to prepare an opinion to determine if the Village can impose a lesser height restriction for antennas. Trustee Osmon moved the meeting adjourn to executive session for the purpose of discussing land acquisition. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 12 : 58 A.M. The Board returned from executive session, and there being no further business to discuss, Trustee Osmon moved the meeting adjourn. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 1: 15 A.M. Respectfully submitted, • Village ClerV Approved - is airs day of , 1973. / Altit 2/1iLlAr.'? it : •e Presiient L.