1972-07-03 - Village Board Regular Meeting - Minutes 2513
7/3/72
MINUTES OF THE MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS , HELD MONDAY, JULY 3 , 1972 , AT THE MUNICIPAL BUILDING,
50 RAUPP BLVD. , BUFFALO GROVE , ILLINOIS .
The President called the meeting to order at approximately
8 :30 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 , Osmon, Rathjen, Mahoney.
Also present were Mr. Daniel Larson, Village Manager, Mr. Arnold
Seaberg, Village Engineer, and Mr. Richard Raysa, Village Attorney.
1. Minutes of June 19 , 1972
Trustee Osmon moved the minutes of June 19 , 1972 , be approved
as submitted. Trustee Fabish seconded the motion, and upon a
voice vote , the motion passed unanimously.
2. Warrant #243
President Armstrong read Warrant #243 , in the amount of $79 ,944. 64.
Trustee Osmon moved Warrant #243 be approved as read. Trustee
Fabish seconded the motion. A discussion took place regarding
several items , but no changes were made. A roll call vote found
the following:
AYES : Trustees Fabish, Osmon, Rathjen, Mahoney
NAYES : None
ABSENT : Trustee Shirley
The motion carried.
3. Standing Committee Reports
Legislative
Trustee Mahoney requested for the next workshop agenda a dis-
cussion of recommended changes in the ordinance covering private
swimming pools .
Trustee Osmon requested the Water, Sewer, and Flood Control
Committee be reinstated and volunteered to be chairman.
President Armstrong entertained the suggestion , and stated that
it would be discussed later in the meeting.
4 . Committee of the Whole
Simonson Annexation/Public Hearing
President Armstrong noted the notice of public hearing to con-
sider a pre-annexation agreement between the Village and Mr.
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and Mrs. Simonson, which was published in the Buffalo Grove
Herald on June 19 , 1972 .
Mr. John Teevan, attorney representing Mr. and Mrs . Simonson,
was sworn in by President Armstrong:
Mr. Teevan stated that he represents Mr. and Mrs . Simonson in
connection with their petition for the annexation of their
property located at 3408 North Betty Drive. He further stated
that his underlying client is National Highway Carriers Direc-
tory, who wish to purchase the property for office use. The
property was described as one half acre on the west side of
Betty Drive and 200 feet south of Dundee Road, with the Hintz
property on the north and the Kemmerly property on the west.
The existing building will be used for an office. The company
publishes a National Directory of trucking concerns serving the
entire United States. No printing will be done at this location ,
and business will be conducted mainly by telephone and mail.
There will be five employees , and the Village will receive
approximately $200 per year in sales tax from the concern. The
building is serviced by a well and septic tank, and they are
willing to grant an easement on the west property line for joint
use of sewer. They are agreeable to connect to Village sewer
and water when available. Wiring will be corrected and the
swing of the door changed, as directed by the Building Commissioner.
Mr. Carl Genrich, Chairman of the Plan Commission , stated that
no one was present at their public hearing to register an
objection.
Trustee Fabish questioned if one half acre is large enough to
grant B-1 zoning. It was stated that if combined with the
Hintz and Kemmerly property , both zoned B-1 , that the site meets
size requirements .
Trustee Osmon voiced concern about granting B-1 zoning in the
residential area.
At the request of Mr. Simonson , President Armstrong swore him in.
Mr. Simonson testified that he had objected when the Kemmerly
property was originally proposed for rezoning and was told that
because of the closeness of Dundee Road, he would have to expect
commercial. Since his property has commercial on two sides , he
requests the same.
Trustee Osmon felt the Board should voice an opinion as to how
far north or south of Dundee Road commercial zoning should be
granted. Trustee Fabish stated that this will be part of the
Village Plan.
In response to a question from Trustee Fabish, it was stated that
any changes to the building will be brought to the Plan Commis-
sion for review.
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President Armstrong suggested the Board direct the attorney to
prepare the necessary annexation agreement which would include
the ten foot easement for sewer, the agreement to hook up to
Village sewer and water, the agreement to come before the Plan
Commission for changes , and the legal description should include
the layman 's terms .
Mr. Raysa questioned the advisability of granting straight B-1
zoning with no use restrictions. Mr. Teevan stated that they
would be agreeable to the same restrictions as the Hintz prop-
erty.
Trustee Rathjen moved the Board direct the attorney to prepare
the necessary papers for the Simonson annexation agreement with
the same restriction as in the Hintz , which is limiting the use
to B-1 and allowing the land use of that zoning, except for the
restaurant portion. Trustee Fabish seconded the motion, and
a roll call vote found the following :
AYES : Trustees Fabish, Osmon, Rathjen, Mahoney
NAYES : None
ABSENT: Trustee Shirley
The motion carried.
Long Grove Country Side Annexation/Public Hearing
President Armstrong noted the notice of public hearing to con-
sider a pre-annexation agreement between the Village and Chicago
Title and Trust #40748 , as published in the Buffalo Grove Herald
on June 19 , 1972 .
The President swore in Richard Houpt, attorney , and James Otis .
Mr. Houpt stated that he represents the owner, James Otis , of
approximately 127 acres at the southwest corner of Route 83 and
Arlington Heights Road. They have petitioned to have this
property annexed, with 113 acres zoned R-9 and 13 acres zoned B-3 .
Mr. Otis stated the multifamily units will be in the center, with
the townhouse and cluster homes along the perimeter. The western
portion will be a park area. There will be two exits onto
Arlington Heights Road and one exit onto Route #83 .
Description Acres % of Total Bldgs . Units
Cluster Homes 8.1 6 . 3 20 40
Townhouses 40 .9 32 47 364
Garden Apartments & Condominiums 16 . 8 13 19 344
Bath & Tennis Club 6 . 8 5
Common Open Land 35. 5 28. 4
Commercial 13 . 4 10 _
TOTAL 88 748
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Building coverage will be 11.9% and street coverage will be
11. 9% giving the total coverage of 24% , with the balance being
green area and lakes .
The density will be 6 . 5 units per acre, and if the commercial
is included, the density would be 5. 8 units per acre.
The commercial area will be on Arlington Heights Road with the
parking at each end.
The water will be picked up from the 12 inch main from Well #2 .
They will provide land for water storage if necessary. They
will hook into the new intercepter sewer on Route #83 .
Mr. Otis displayed sketches of the proposed buildings . No two
buildings will be identical, and they will be rustic in appear-
ance. There will be 80 feet between buildings . They have sub-
mitted plans of the various elevations of the units to the
Plan Commission.
There will be 88 two bedroom apartments with the remaining being
one bedroom. The two bedroom will be 1242 square feet and the
one bedroom 846 square feet. The price will range from $220 to
$340 per month.
Half of the townhouses are two bedroom with the other half being
three bedroom. The square footage ranges from 1728 to 1248 , with
the price range being $51 ,000 to $38 ,000 .
The cluster homes will be three or four bedroom custom design ,
with 2000 square feet and a price range of $55,000 to $70 ,000 .
There will be 64 two bedroom condominiums and 64 three bedroom,
with the square footage ranging from 1200 to 1000 square feet
and the price range being $33 ,000 to $42 ,000 .
Mr. Houpt reviewed with the Board the proposed annexation
agreement dated June 29 , 1972 .
Mr. Rex Lewis of the Buffalo Grove Park District stated that this
plan exceeds the guidelines established for land for parks and
recreation.
Mr. Frank Clayton of School District 96 stated that they had
met with Mr. Otis and agreed to $22 ,000 per acre , according to
the proposed public use land ordinance under consideration by
the Village. He further stated that paragraph 11 of the agree-
ment should include the $22 ,000 figure and refer to the ordinance
submitted to the Board by District 96 instead of the Naperville
Ordinance.
Mr. Robert Coffin, Village President of Long Grove, distributed
to the Board a letter he wrote to President Armstrong on June 8.
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He stated that this project was presented at a public hearing
before the Plan Commission of Long Grove on May 30 , 1972 . Be-
fore a recommendation was made , Mr. Otis withdrew his petition
and offered the project to Buffalo Grove . A meeting of Mr.
Coffin, Mr. Otis , and Mr. Wilde was held, and an agreement was
reached as to how this should be handled to safeguard the
interests of Long Grove and make feasible the annexation to
Buffalo Grove. He noted that Long Grove borders the project on
three sides . He requested that the Village of Long Grove be
made a signatory in the annexation agreement and afforded the
opportunity to review the proposal , and cited the case of
Farmington, Kildeer, and Long Grove as an example of such an
agreement. He stated that this development falls within Long
Grove' s sphere of influence , according to the agreement with
Lake County regarding the Lake County sewage system. He re-
quested the western portion be annexed to Long Grove to create
a buffer.
10 : 10 P.M. - The President declared a recess .
10 :25 P.M. - The meeting resumed.
Mr. Genrich commended Mr. Otis for working well with the Park
District and School District 96 . He noted that the School
District had agreed to abide by the Naperville-type ordinance
adopted by the Village. Referring to page 10 of the Plan
Commission minutes of their public hearing, Mr. Genrich stated
that the items requested have been included in the annexation
agreement.
Referring to paragraph 10 of the agreement, Trustee Fabish re-
quested that the sentence , "Developer may connect
be reworded to clarify that it will not be connected into the
Strathmore main.
President Armstrong asked if Mr. Otis had reviewed the supple-
ment to the Village Subdivision Regulations as submitted by
Mr. Seaberg. Mr. Otis stated that his engineer should review
the report. Mr. Seaberg stated that he had met with Mr. Hooper
and had discussed and agreed to all of the items . He further
stated that the only change is that he is requesting one more
inch of paving material on the public streets .
Trustee Fabish requested a clarification of the change in
paragraph 11 requested by District 96 . After discussion , Mr.
Clayton stated that the School District would agree to the
wording, "Naperville Ordinance" and the inclusion of $22 ,000
per acre land value.
Trustee Osmon questioned if the donation to the Park District
would be direct. President Armstrong stated that the donation
would be to the Village, and the Village would convey immediately.
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Trustee Osmon stated reservations on including the issuance
of a liquor license in the agreement. Discussion followed with
no change determined.
Trustee Osmon questioned paragraph 7 and the legality of the
Homeowners Association in that they are not a Homeowners group
yet. Mr. Raysa stated that it could be worded "the then home-
owners" .
Trustee Osmon questioned the reason curbs and gutters will not
be required on the private streets. Mr. Otis stated that it is
part of the rustic effect they are trying to achieve. Mr. Sea-
berg stated that he has no objections to this .
Trustee Osmon asked if the private streets will be adequate for
fire vehicles . Mr. Otis stated that there will be a "turn
around" that meets Village standards .
In response to a question from Trustee Osmon, Mr. Larson stated
that the $6 ,000 for the repair of Arlington Heights Road is
their proportionate share.
In response to a question from Trustee Osmon , Mr. Seaberg stated
that the engineering plans are basically locations , that upon
review he saw no obvious discrepancies , and that a more detailed
investigation will be made at the time of acceptance.
In response to a question from Trustee Osmon , Mr. Otis stated
that he would be willing to install sidewalks on Arlington Heights
Road from the southern edge of the property to the southern point
of the shopping area if it is proven functional and useful.
In response to a question from Trustee Osmon , Mr. Otis stated that
pase 1 will be finished in 1973 , phase 2 in 1974 , phase 3 and
commercial in 1975. President Armstrong requested a portion of
the commercial be developed in phase 1. Mr. Otis agreed to
develop the north portion which will include a restaurant.
President Armstrong asked if Mr. Otis had been approached on
contributing to the installation of a temporary traffic signal
at the corner of Arlington Heights Road and Route #83 . After
discussion, Mr. Otis agreed to contribute 25%
President Armstrong stated that it is the desire of the Board to
co-operate with Long Grove; however, the Boards are two separate
legal bodies and each has their own responsibilities . He stated
that the Village has no desire to annex west of the Otis property
and would have no objection to entering into an agreement
stipulating this. He stated that the Board could not agree to
allow Long Grove to be a party to the annexation agreement. He
then referred to paragraph 8 , which states that any changes must
be approved by the Village, and that if this takes place, Long
Grove would be notified and asked to participate in the decision
making process . He then stated that the sphere of influence in-
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cluded in the Lake County sewage treatment agreement did not
set up strict barriers , and that the main reason for the docu-
ment was to prevent a developer from going to the County for
sewer and water.
Mr. Coffin stated that they cannot accept this proposal and will
have to take legal steps . He then urged the Board to give
thought to his remarks , and before refusing him, consider care-
fully.
Trustee Rathjen asked Mr. Coffin for a copy of his sewage treat-
ment agreement with Lake County. He then stated that the agree-
ment between Farmington, Kildeer, and Long Grove was a different
situation. He then read the last sentence of paragraph 8 and
stated that this protects the interests of Long Grove.
Mr. Houpt stated that the State Statutes require the agreement
to be between the property owner and the annexing Village and
questioned the legality of a three way agreement.
Mr. Wilde suggested that an agreement be drawn between the
Villages stating that any change will be submitted to Long Grove
for approval Mr. Houpt urged the Board to consider this .
President Armstrong directed Mr. Raysa to meet with Mr. Houpt
and the Long Grove Village Attorney to draw up an agreement.
Trustee Mahoney requested that paragraph 13 be expanded to
include enforcement of all Village ordinances.
Trustee Rathjen asked if the funds generated by the tap on fees
would be adequate to construct a well and a storage facility for
the property. Mr. Larson read a letter from Alvord , Burdick &
Howson, dated June 20 , 1972 , regarding a tap on fee to finance
plant expansion imposed on the water system by rapid land devel-
opment. He further stated that these funds plus future surplus
in the water fund will pay for any improvements as stated in the
water report.
Mr. Otis presented some bids recently obtained for a well , which
were substantially less than Village estimate. Mr. Larson
stated that he would pursue this and would investigate if the
specifications on this well would adhere to the demand on the
municipal facility.
Trustee Rathjen stated that a sidewalk should be installed along
the periphery of the property.
Trustee Osmon moved the Board approve the annexation agreement
with the following changes :
1. Sidewalks installed on Arlington Heights Road.
2. 25% share in the possible erection of a temporary
traffic signal at Arlington Heights Road and Route #83 .
3. Clarify paragraph 10
4. In paragraph 11, include $22 ,000 per acre as the land
value.
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Further that it is the intent of the Board to arrive at a
mutual agreement with Long Grove that may be enacted at the
same time. Trustee Rathjen seconded the motion. In response
to a question from Mr. Raysa, Mr. Houpt stated that they would
be willing to have a reverter clause in the agreement. Mr.
Raysa stated that conveyance of the easement for sanitary sewer
should be included, that the words "of it" be deleted in
paragraph 10 , line 3 , and that paragraph 7 should refer to "the
then" owners. A roll call vote found the following :
AYES : Trustees Fabish, Osmon, Rathjen, Mahoney
NAYES : None
ABSENT: Trustee Shirley
The motion carried.
12 :10 A.M. - The President declared a recess .
12 :25 A.M. - The meeting resumed.
Questions from the Audience
Mr. Jack Allsmiller, representing the residents of Chenault Court,
read Section 9 of Ordinance #0-72-05 , which states if requested by
a majority of the property owners , the subject property owners
shall erect and maintain a fence along the abutting property line.
He stated that the property owners request a fence. President
Armstrong requested that this be presented in writing with the
signatures of the property owners .
Trustee Osmon requested the status of sidewalk installation on
Dundee Road. Mr. Larson stated that this will be done after the
installation of the storm sewer.
Plan Commission/Appointment
President Armstrong reappointed Carl Genrich to the Plan Commis-
sion for a one year term and commended him for his fine efforts
as Chairman. Trustee Rathjen moved the Board concur with the
President' s appointment of Mr. Genrich. Trustee Mahoney seconded
the motion, and upon a voice vote , the motion passed unanimously.
Plan Commission/Appointment
President Armstrong appointed Rodney Jacobs to a one year term
on the Plan Commission. Trustee Osmon moved the Board concur
with the President's appointment of Mr. Jacobs . Trustee Rathjen
seconded the motion, and upon a voice vote, the motion passed
unanimously.
Water System Connection Fees
Mr. Larson reviewed with the Board and recommended to them the
following water tap on fees :
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$220/unit Single family
$150/unit Multifamily
$2 ,000/acre Commercial and Industrial
Trustee Fabish moved the Board to direct the attorney to pre-
pare the necessary ordinances . Trustee Osmon seconded the
motion , and upon a voice vote, the motion passed unanimously.
Resolution #0-72-17
./ President Armstrong read Resolution #0-72-17 , a resolution re-
questing Lake County to initiate the necessary action to include
Arlington Heights Road on their highway system. Trustee Osmon
moved the Board approve Resolution #0-72-17 as read. Trustee
Fabish seconded the motion, and upon a voice vote , the motion
passed unanimously.
Trustee Osmon moved the Board move into executive session.
Trustee Rathjen seconded the motion , and upon a voice vote , the
motion passed unanimously.
Time : 12 :40 A.M.
1 :05 A.M. - The meeting resumed.
Flood Control Committee
Trustee Osmon requested that the Flood Control Committee be
reinstated. A lengthy discussion took place regarding the
function being fulfilled by the Village staff.
Resolution/Meetings
Trustee Osmon requested consideration of a resolution regarding
Village staff advising the Board of important meetings in advance.
A lengthy discussion followed. President Armstrong requested
Mr. Larson to enclose a list of meetings in the agenda packets .
There being no further business to conduct, Trustee Osmon moved
the meeting adjourn. Trustee Rathjen seconded the motion, and
upon a voice vote, the motion passed unanimously.
Time: 1:30 A.M.
Respectfully submitted,
-
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Village Clerk
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