1973-08-06 - Village Board Regular Meeting - Minutes 2823
8/6/73
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, AUGUST 6 , 1973 , AT THE
MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS .
President Armstrong called the meeting to order at approximately
8 :12 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 Shirley, Osmon, Rathjen,
Mahoney, Rech, Driscoll.
Also present were Harry Walsh, Acting Village Manager, Arnold
Seaberg, Village Engineer, and Richard Raysa, Village Attorney.
1. Minutes of July 23 , 1973
Trustee Mahoney moved the minutes of July 23, 1973 , be approved.
Trustee Rathjen seconded the motion. Trustee Mahoney requested
the tenth paragraph on page 2819 be changed to read, "Mr. Raysa
stated that approval of an annexation with an agreement requires
a 2/3 vote of the corporate authorities, then holding office,
and that "corporate authorities" means Trustees but not the
President. " A roll call vote found the following:
AYES: Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll
t..
NAYES: None
ABSTAIN: Trustee Shirley
The motion carried with the change noted.
2. Warrant #269
Trustee Shirley presented Warrant #269 , in the amount of
$109 , 831. 94 , and stated that the expenditure, in the amount of
$1, 873 . 00, to Certified Survey Company, under M.F.T. , represents
the Village' s portion of land and topographic surveys that were
required for the water-sewer line on the Arlington Country Club,
and that because the item exceeds the $1,500 minimum for bid
requirement, a 2/3 vote of the Board is required. Trustee
Shirley moved for the approval of Warrant #269 as submitted.
Trustee Mahoney seconded the motion.
Trustee Osmon requested the Lake-Cook Road sidewalk to be
continued on to MaryLu Lane. President Armstrong stated that
the area in question is on the right of way for the new Lake-
Cook Road. After discussion, President Armstrong requested a
report from William Davis, Director of Public Works, determining
L. the cost of a sidewalk.
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A roll call vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
3 . Standing Committee Reports
Public Relations Committee
Trustee Driscoll reported that the Public Relations Committee
is working with the Buffalo Grove Days Committee by calling on
Village merchants to help support the celebration through
advertising in a special supplement which will be circulated
throughout the Village and surrounding areas .
Aspen Ditch
Trustee Shirley repprted that the Aspen Ditch has been completed
and that the residents are satisfied.
4. Committee of the Whole
L... Strathmore Grove/Public Hearing
President Armstrong called to order a public hearing to review
the request of Levitt and Sons for a change in the preliminary
plan of Strathmore Grove.
Mr. Kenneth Campbell of Levitt and Sons stated that their petition
is in two parts , the first part being a reduction in density
from 82 cluster single family units to 62 single family units
on the Koelper-DeMuth parcel. The second part of the petition
requests an additional 28 units on the Wagner parcel as per
the Village resolution regarding the Aspen Ditch.
Mr. Seaberg reviewed recommendations of Paul Box and Associates
regarding traffic in Strathmore Grove. It was recommended that
Larchmont Drive be improved to a secondary road in order to
service the property to the east, and Mr. Seaberg stated that
Levitt has agreed to adjust and widen the road, similar to
Checker Drive. Mr. Seaberg felt that, with the exception of
Larchmont Drive, 27 feet wide streets are adequate. President
Armstrong stated that detailed analysis of the Paul Box report
will be reviewed by the Plan Commission at the time of final
plat review. Trustee Osmon requested Mr. Box' s attendance at
the time of final plat approval.
Plan Commissioner Carl Van Engen reviewed with the Board a
public hearing held on July 5, 1973 , regarding the petition
in question. He stated that at a meeting on July 11, 1973 ,
by a 6 to 0 vote, the Plan Commission recommended approval
of the rezoning request from R-9 to R-6 and recommended
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8/6/73
the Village Board take the necessary steps to grant the
variation in lot size and right of way in accordance to
Exhibit A. At the same meeting, by a 5 to 1 vote, the Plan
Commission recommended approval of amending the preliminary
development plan of Koelper-DeMuth for the previous R-9 and
R-6 as seen in Exhibit A.
Trustee Osmon felt the zoning variation should have been heard
by the Zoning Board of Appeals . Carl Genrich, Chairman of the
Plan Commission, stated that they are recommending the Board
consider the variation, with the option of obtaining the
recommendation of the ZBA. Mr. Raysa stated that since this
matter is an amendment to the annexation agreement, the Board
can approve without referral to the ZBA.
Arnold Schultz , 1101 Parker Lane, requested consideration of
Levitt' s building in another area of the Village be tabled
until their obligation of warranty work to present homeowners
be fulfilled.
President Armstrong suggested the homeowners meet with the
Village and Mr. Campbell to arrive at an amicable solution
to the problem.
Trustee Rathjen suggested Mr. Schultz bring his problem to
the attention of the Village Inspections Department.
President Armstrong read the zoning amendment petition and the
annexation agreement amendment for the Koelper-DeMuth parcel.
Mr. Raysa expressed concern over the last sentence of Section
One regarding the zoning change not being in effect until final
plat approval. After discussion, it was agreed that action on
this petition should be tabled until the time of final plat
approval.
Trustee Osmon requested the legal description to include a
common description of the location of the property.
President Armstrong read the amendment to the annexation
agreement regarding the Wagner parcel. The President noted
that the amendment agrees with the previous decision of the
Board which allows additional units on this parcel in return
for work done on the Aspen Ditch.
There being no further discussion, Trustee Shirley moved the
public hearing adjourn. Trustee Osmon seconded the motion,
and upon a voice vote, the motion passed unanimously.
Trustee Osmon moved the Attorney be directed to prepare the
necessary legal documents for the Board' s formal approval of
the annexation agreement amendment on the Wagner parcel.
Trustee Mahoney seconded the motion, and a roll call vote
found the following:
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AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES : None
The motion carried.
Trustee Osmon moved consideration of rezoning of the Koelper-
DeMuth parcel be tabled until final plat approval has been
obtained. Trustee Driscoll seconded the motion, and a roll
call vote found the following:
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES : None
The motion carried.
Strathmore Court
President Armstrong stated that Levitt and Sons have met with
the Appearance Control Commission regarding construction of
six homes on Strathmore Court.
Raymond Samanic, Director of Marketing and Sales for Levitt
... and Sons, stated that they are requesting six building permits
for the previously subdivided lots on Strathmore Court. He
stated that they have received approval of the Appearance Control
Commission based upon certain conditions. He explained the
conditions and the manner in which they were resolved as follows:
1. The flue pipes will be no more than 32 feet high.
2 . Minimizing concrete exposure on the Trent model will
be accomplished by equalizing the brick on the
exterior wall and capping it with stone.
3. The area will be enhanced with additional p- -t-
material, and all shrubs will be 4 feet tall an
2 inches in diameter.
4 . He asked that the Board overrule the recommendation
of replacing the stockade fence with a living fence
along Arlington Heights Road. He explained that a
stockade fence is on the other three sides of the
project, and that the stockade fence would provide
better protection to the residents since the area
is adjacent to apartments and commercial.
Appearance Control Commissioner Richard Glauner expressed concern
that the fence will abut the sidewalk. He suggested the fence
be moved back three to four feet with shrubs planted in front.
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Lengthy discussion took place regarding the type of fence to
be installed and ordinance requirements.
Trustee Osmon moved for approval of Levitt' s request to build
six homes on Strathmore Court based upon the recommendation
of the Appearance Control Commission. Trustee Shirley
seconded the motion. President Armstrong explained that
this motion will include the requirement of a living fence.
In response to a question from Trustee Mahoney, Mr. Raysa
stated that conditions can not be imposed on the issuance
of building permits.
A roll call vote found the following:
AYES : Trustees Shirley, Osmon, Rathjen, Rech, Driscoll
NAYES: Trustee Mahoney
The motion carried.
Lieberman Annexation
Trustee Osmon moved discussion of the Lieberman Annexation be
removed from table. Trustee Driscoll seconded the motion, and
upon a voice vote, the motion passed unanimously.
Mr. Lieberman explained changes in his plan of development
since last week' s discussion. The "turn around" was moved
to a notch in the middle of the rear of the building and two
recessed and screened rubbish areas were placed in the rear
of the building.
In response to a question from Trustee Osmon, Mr. Lieberman
stated that tenants may not have individual rubbish cans.
Plan Commission Chairman Carl Genrich referred to a personal
memo he sent to the Board on August 2 , 1973 , regarding this
development. He felt the proposed use is the best use for
this land and urged approval .
Trustee Shirley stated that his objection is not to the project
but to the continued expansion of commercial on Dundee Road.
He stated that although he was not present for the public
hearing, he has been well briefed by reviewing the minutes
of the meeting and by meeting with the residents and with
Mr. Lieberman.
Michael Kearns, 364 Dundee Parkway, stated that Trustee Osmon
is bidding on the heating and air conditioning contract for the
project and asked if this could be considered a conflict of
interest and disqualify him from taking part in the discussion.
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Trustee Osmon stated that during his campaign for election,
he had made it public knowledge that he was a contractor, and
that he has a reading from the Attorney General 's Office
stating that he is not in conflict.
Mr. Kearns felt that there is not enough buffer between the
homes and the proposed project, and that it will be an
infringement on their property and property value. If the
project is approved, he requested no building with retail be
within 50 feet of the residential property line, no parking
be within 40 feet, and screening of the area be professionally
installed. He felt the highest and best use of the land is
not retail.
Richard Heinrich, 635 Patton Drive, felt that approval of the
project would be a disservice to the homeowners and that there
should be a stricter side and rear yard requirements.
Trustee Osmon stated that he had made known to the homeowners
the fact he was bidding on the heating and air conditioning
contract for the project.
Harry Dunderdale, 365 Chenault, urged the Board to disapprove
the request because of the proximity of the project to single
family homes.
Mr. Lieberman stated that the northeast corner of the project
has been changed to a type of cul de sac with additional
landscaping and mounding. He distributed a brochure of the
type of tenants he is approaching.
In response to a question from Trustee Osmon, Mr. Lieberman
stated that the project landscaping will be professionally
maintained and that no changes or deletions will be made from
the landscape plan.
In response to questions from Trustee Rech, Mr. Lieberman
stated that he had seriously considered a total office project
and a two story building and found it to be unfeasible.
In response to a question from Trustee Rech, Mr. Lieberman
stated that he has considered the single family homeowners
by providing extensive screening.
In response to questions from Trustee Rathjen, Mr. Lieberman
stated that he would be willing to prohibit a convenient food
store on the east portion and that he would be willing to have
the building be 27 feet from the east property line.
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In response to a question from Trustee Shirley, Mr. Lieberman
:... stated that employee parking will be in the rear, thus mini-
mizing traffic, and that risers will be installed in the rear
parking lot to prevent high speed traffic.
In response to a question from Trustee Shirley, Mr. Lieberman
stated that he would be willing to move the project forward
five feet.
President Armstrong polled the Board, a "yes" indicating
general agreement with the proposal and willingness to enter
into discussion of the annexation agreement and "no" indicating
disfavor of the project. The poll found the following:
YES: Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll
NO: Trustee Rech
10:30 P.M. - The President declared a recess.
10: 50 P.M. - The meeting resumed.
Trustee Osmon stated that his conversation with the Attorney
General' s Office did not have reference to this particular
project; that he had gone to them a year ago and was advised
that because he had declared himself as being a contractor' s
agent, he would not be in conflict by bidding on projects
in the Village but not on municipal contracts.
President Armstrong read the annexation agreement.
Mr. Lieberman identified the exhibits as follows :
Exhibit A - Property legal description
Exhibit B - Plan of development
Exhibit C - Glossy rendering
Exhibit D - Landscape plan approved by the Appearance Control
Commission
The Board made the following changes in the agreement:
1. Page 1, paragraph 3 , line 3 , 10 , 000 changed to 11, 000.
1
'✓ 2 . Page 4 , Section 6 will be changed to read, "The Corporate
Authorities will approve and issue building permits upon
final plat approval. "
3 . Section 5 , 8 , 9, 11, and 19 will be reworded by Mr. Raysa
and Mr. Lieberman' s attorney in order to strengthen the
recoupment process.
:... 4. Page 6 , Section 17 was deleted.
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5. Page 7 , Section 20, lines 4 and 5 will be changed to read,
.... "to be installed after Dundee Road is improved and con-
current with the development of project. "
6 . Additional section to provide for no convenient type food
stores, taverns, restaurants, or liquor stores on the
portion outlined in red on Exhibit B.
7. Additional section to provide no retail shops will be
open after 10: 00 P.M.
8. Building will be 27 feet from the east property line.
9. Additional section to provide that a professional landscap-
ing firm will maintain the grounds.
10. Additional section providing that garbage pick up will be
during regular business hours only.
11. Additional section providing that dead trees will be
replaced by owner.
12. Project will be moved forward five feet giving more area
in the rear. Two feet will be used for the parking lot
and three feet for additional landscaping in the rear.
Trustee Osmon moved the Attorney be directed to prepare the
necessary documents to annex the property. Trustee Driscoll
seconded the motion, and a roll call vote found the following:
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
Trustee Mahoney requested the Attorney, prior to consideration
of the annexation documents, to furnish the President and Board
a written opinion as to the legality of Trustee Osmon' s parti-
cipating in the vote on the annexation agreement. Trustee Osmon
also requested an opinion from the Attorney General ' s Office.
12 : 01 A. M. - The President declared a recess.
12 :11 A.M. - The meeting resumed.
Hawthorn
Mr. Bruce Geohmann of Berkus reviewed with the Board final plan
for Neighborhood B of the Hawthorn development. The center of
the neighborhood will be mid-rise condominiums, with multiplex
units adjacent, and townhouses on the periphery. He stated that
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buildings have been placed in such a manner to preserve trees
on the property. The barn will be renovated to a merchandising
center. He displayed elevations of the types of buildings which
were exhibits in the Appearance Control Commission hearing.
Plan Commission Chairman Carl Genrich stated that the Plan
Commission has reviewed this final plan and made suggestions
as required by the Subdivision Regulations and the developer
has met the changes.
Arnold Seaberg noted that final engineering has not been approved.
Keith Lacey of Tekton stated that they are asking approval with the
condition that every aspect of engineering meet with Mr. Seaberg' s
approval.
Appearance Control Commissioner Ron Helms stated that they feel
the landscape plan is good in concept, but that they have
requested certain changes. He stated that a final landscape
plan will be presented to them the first week in September.
Trustee Osmon moved for final plan approval subject to final
engineering approval and subject to Appearance Control approval.
Trustee Driscoll seconded the motion. A roll call vote found
the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES : None
The motion carried.
Arrowhead West
Mr. Marlin Smith, attorney for Chesterfield Builders, stated
that this property was annexed pursuant to an annexation
agreement in November of 1969, and in 1972 the planned develop-
ment was amended to a townhouse development. He stated that
Exhibit A-1 was approved at that time, and that Exhibit A-1
shows a set back of 75 feet from the center line of Lake-Cook
Road. He stated that as they began the process for final plat
approval and after the engineering for the project was complete,
the Village Engineer discovered that the street dedication should
have been 50 feet from the county line. He stated that this
dedication would take away 20 feet from the southern edge of the
property. He stated that Mr. Seaberg has advised that he will
refuse to approve the final plat of subdivision unless a 50
feet dedication is provided north of the county line, which will
cause the entire subdivision to be redesigned. He suggested
the subdivision be shifted north in order to get the additional
�.• 20 feet, which would cause a 15 feet rear yard on the north and
on the south. Mr. Smith stated that Mr. Seaberg's suggestion was
not acceptable to Chesterfield, and that if an accomodation could
not be worked out with the Board, Chesterfield would take the matter
to circuit court.
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Mr. Genrich stated that the Plan Commission recommends that
the developer be permitted to revise the preliminary develop-
ment plan to include shifting the entire plan 5 feet north and
provide for a 40 feet dedication for Lake-Cook Road and to
further recommend that a 20 feet set back along the north and
south property line be accepted. His personal recommendation
was to move the plan north 10 feet giving a 20 feet southern
set back. He suggested the developer consider developing the
southern 2/3 of the project as Phase 1 and redesign the northern
1/3 .
Mr. Seaberg stated that Chesterfield was not asked for a 75 feet
set back, but was asked for a 50 feet dedication for right of
way on Arlington Heights Road and on Lake-Cook Road. He stated
that Cook County requires a 50 feet dedication for the road.
After lengthy discussion, Trustee Mahoney moved the Village
require a 50 feet right of way dedication, a 20 feet side yard
on the south and a 15 feet rear yard on the north, and retain
the same commercial acreage. Trustee Osmon seconded the motion.
It was explained that the adjusted set backs would be achieved
by moving the project 10 feet north and making a 5 feet adjust-
ment somewhere within the development. A roll call vote found
the following:
AYES: Trustees Osmon, Rathjen, Mahoney, Driscoll
NAYES: Trustees Shirley and Rech.
The motion carried.
In response to a question from Mr. Raysa, Mr. Hillman of
Chesterfield Builders stated that on their Wheeling Tahoe
project, Lake 2 is complete and work on Lake 3 has commenced.
Heitkotter Property
After review, Trustee Mahoney moved the request of Peter
Heitkotter for annexation of property located on Route 83
south of Checker Drive be referred to the Plan Commission
for study. 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.
The Crossings
Cliff Brouk of the Richards Group requested approval on the
recreation center for The Crossings. The center was described
in detail.
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After discussion, Mr. Raysa stated the final plat approval
S from the Plan Commission must be granted before the Board
considers it.
Trustee Shirley moved consideration of approval on The Crossings
recreation center be tabled. 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.
Well #2 Reservoir Expansion
President Armstrong read the contract with Bulley and Andrews
of Chicago for the expansion of the Well #2 reservoir. Trustee
Osmon moved the contract be approved. Trustee Shirley seconded
the motion, and a voice vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
There being no questions from the audience, Trustee Driscoll
moved the meeting adjourn. Trustee Shirley seconded the motion,
and upon a voice vote, the motion passed unanimously.
Time: 1: 56 A. M.
Respectfully submitted,
Village Clerk
Approved,- is /A day of (� f f��/ , 1973.
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