1977-02-14 - Village Board Regular Meeting - Minutes +857
2/14/77
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,
FEBRUARY 14, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Fabish called the meeting to order at 8:05 P.M. Those present stood
and pledged allegiance to the Flag. The Clerk called the roll and found the
following:
PRESENT: President Fabish; Trustees Mahoney, Rech, Driscoll , Bogart, Carroll ,
Marienthal
Also present were Daniel Larson, Village Manager; William Raysa, Village
Attorney; Charles McCoy, Director of Public Works; Carl Rapp, Director of
Community Development; and William Sommer, Administrative Assistant. Richard
Raysa, Village Attorney, arrived at 8:50 P.M.
1 . Minutes of February 7, 1977
Moved by Bogart, seconded by Carroll to approve the minutes of February 7,
1977, as published. The following change was made:
Page 4854 - under Ordinance #77-4 - last sentence - change the word
"promote" to "inform citizens of"
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried with change noted.
2. President 's Report
Villa e General Election
The Village Clerk reported that five people filed petitions to be placed on
the ballot for Trustee positions in the April 19, 1977, Village General Election.
The candidates listed in the order that they filed is as follows:
Howard Keister
Joseph Pecoraro
Edward Osmon
Stephen Stone
Clarice Rech
3. COMMITTEE OF THE WHOLE
Timberhill Road Closing
President Fabish noted that the Village Board had received a petition requesting
that Timberhill Road be closed at Lake-Cook Road.
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The following people spoke in favor of closing the road:
David Schenwar, 46 Timberhill Road
Tom Damon, 38 Timberhill Road
Michael Crowley, 62 Timberhill Road
Ron & Beth Cullum, 27 Timberhill Road
James Baz, 49 Timberhill Road
Robert Knupp, 36 Timberhill Road
Brian Henderson, 1 Whitehall Court
Ed Cymbal , 34 Timberhill Road
Tom Dame, 176 Stonegate Road
Barbara Minarik, 1039 Whitehall
Bruce Hoffman, 54 Timberhill
Some points made by these people were: 1) concern about additional and faster
traffic, 2) street is narrow and curvilinear, 3) concern about reckless
vandalism, 4) large trucks are using it as a turn around, 5) street should
be safe for children playing, 6) police and fire response time will not be
substantially effected, 7) possible mountable curb for service vehicles,
8) concern people will use this entrance to avoid the traffic signal at
Arlington Heights Road, 9) possible berming to cut down on noise, 10) 97%
of people in effected area favor closing, and 11) would increase property
value.
Mr. and Mrs. Charles Hessell , 899 Bernard Drive, spoke in opposition to closing
the road. They were concerned that this closing would cause more traffic in
other areas of the Village.
Harold Schweincbraten, 30 Timberhill , felt Timberhill is a logical entrance
to Lake-Cook Road. He also noted that streets should not be used as a play-
ground.
Trustee Mahoney felt that when a street is closed, it puts more pressure on
other streets which would cause more problems for other people. He did not
feel it would be in the best interest of the entire Village to close this road.
Mr. Rapp said that closing Timberhill would focus traffic on other points and
did not recommend closing it.
Trustee Carroll noted that the fire department report said the road closing
would effect their response time to the effected area and would add to the
overall problem of responding thru the Village on any alarm. Based on this
report, she opposed closing the road.
Trustee Bogart noted that if the road is closed, it would be done at Village
expense. He said it has not been proven that there will be more traffic on
Timberhill . He preferred that consideration to close the road be after Lake-
Cook Road is widened, and it is determined that significantly more traffic
uses Timberhill . Trustee Marienthal felt there will be more traffic on
Timberhill .
Richard Raysa arrived at this time.
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Trustee Rech's main concern was the effect on the entire community, particularly
fire protection. She suggested that a traffic study on that intersection be
done now and another one after Lake-Cook Road is completed to determine the
exact effect on Timberhill . She also suggested a traffic study in regard to
having a right turn only off of Timberhill and a left turn only onto Timberhill .
Trustee Carroll stated that when Lake-Cook Road was first discussed, citizens
in that area wanted to be able to turn both ways onto the road.
Moved by Mahoney, seconded by Carroll to reject the petition to close Timberhill
Road at Lake-Cook Road. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 1 - Marienthal
Motion declared carried.
Regarding trucks using Timberhill , Trustee Rech felt the street should be
posted and the Police Department alerted.
Well #6
Mike Morrison , attorney representing Centex Homes, reviewed the Installment
Purchase Contract For Sale and Purchase of Water System. The contract provides
for the installation of a deep well and one million gallon reservoir in the
Ridgewood Subdivision.
During the discussion , the following changes were made:
1 . Paragraph #2 - last sentence - delete - amount will be discussed at the
time the recapture ordinance is passed.
2. Agreement will be between the Village, 111 E. Chestnut Corporation and
Centex Homes of Illinois.
3. Paragraph #2 and #3 - off-site pipeline cost will be $119,559.
4. Paragraph #4 - installment payment dates will be set to accommodate the
Village.
5. Paragraph 13 - Village will be notified of any direct payment to sub
contractors.
6. Service area of this well and reservoir is to be defined.
7. Paragraph #15 a) (i) - to be redrafted to change "user" to "700 of user"
and to indicate that fees are as a result of the
operation of this well and reservoir.
8. Paragraph#15 a) (ii) - at the end of line 2 add "for this section of the
water system" and indicate "this water system".
Moved by Carroll , seconded by Mahoney to direct the Village Attorney to
prepare a corrected purchase agreement between 111 E. Chestnut Corporation,
Centex Homes of Illinois, and the Village of Buffalo Grove in regard to
Well #6 and reservoir incorporating all changes agreed to of record tonight.
1
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Trustee Bogart requested a staff report prior to next meeting outlining how
the Village will pay for this water system.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
10: 15 P.M. - The President declared a recess.
10:30 P.M. - The meeting resumed.
Ridgewood Final Plat
The Board reviewed Mr. Rapp's report, dated February 10, 1977, giving
engineering approval of Ridgewood single family area subject to certain
conditions. Mr. Rapp stated that Bob Fogarty of Centex had agreed to all of
the conditions.
Mr. Larson noted that this final plat received Plan Commission and Appearance
Control Commission approval . Mr. Fogarty agreed to comply with the stipula-
tions connected to the Appearance Control Commission approval . Mr. Rapp stated
that all recommendations of the Plan Commission have been added to the plat.
Moved by Mahoney, seconded by Carroll to approve the final plat of subdivision
for the Ridgewood single family area subject to all the Village Engineer' s
recommendations. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Trustees Rech and Bogart said their affirmative votes were contingent upon
resolution of the water agreement.
Trustee Mahoney stated that all but one past Village President has had a
street named for him. He asked the developer to consider changing the name
of one of the streets to Armstrong.
Trench Footing and PVC Piping
Because of the late hour, it was moved by Carroll , seconded by Bogart to table
consideration of use of trench footing and PVC piping in new homes. Upon voice
vote, the motion passed unanimously.
Trustee Carroll noted that the staff reports did not contain any adverse
information with regard to the use of these items. She felt the Board should
be aware of other points of view. Mr. Larson said that he would obtain that
information.
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Ordinance #77-6
President Fabish read Ordinance #77-6, AN ORDINANCE APPROVING ANNEXATION
AGREEMENT AND DIRECTING EXECUTION THEREOF BY THE PRESIDENT AND CLERK OF THE
VILLAGE OF BUFFALO GROVE, COMMONLY KNOWN AS ZALE/HOFFMAN ANNEXATION.
Moved by Carroll , seconded by Driscoll to approve Ordinance #77-6. Upon roll
call , the vote was:
AYES: 4 - Mahoney, Driscoll , Bogart, Carroll
NAPES: 2 - Rech, Marienthal
Motion declared carried.
Ordinance #77-7
President Fabish read Ordinance #77-7, AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE VILLAGE OF BUFFALO GROVE (COMMONLY KNOWN AS ZALE/HOFFMAN ANNEXATION) .
Moved by Carroll , seconded by Bogart to approve Ordinance #77-7.
The following change was made in the first paragraph of the ordinance:
"(there being no electors residing thereon)" was deleted and replaced with
"(there being two electors residing thereon both of whom have signed an
annexation petition)".
The common description of the land is to be added after the legal description.
Upon roll call , the vote was:
AYES: 4 - Mahoney, Driscoll , Bogart, Carroll
NAPES: 2 - Rech, Marienthal
Motion declared carried.
Ordinance #77-8
President Fabish read Ordinance #77-8, AN ORDINANCE AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, COMMONLY KNOWN AS ZALE/HOFFMAN ANNEXATION.
Moved by Carroll , seconded by Mahoney to approve Ordinance #77-8 with the
addition of the common description of the land.
In response to a question from Trustee Bogart, Mr. Larson stated that the
special use designation is needed because of the reduced r.o.w. and the
removal of some sidewalks in some cul de sacs per the preliminary plan.
Trustee Carroll noted that page 12 of the annexation agreement permits use
of trench foot;ng and PVC piping in this development. Moved by Carroll ,
seconded by Mahoney to table consideration of Ordinance #77-8 until a decision
is made on trench footingand PVC piping. Upon roll call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NAYES: 1 - Rech
Motion declared carried.
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Trench Footing and PVC Piping
Moved by Carroll , seconded by Bogart to remove from table consideration of
trench footing and PVC piping. Upon voice vote, the motion passed unanimously.
The Board reviewed Mr. Rapp's report, dated February 3, 1977, regarding this
subject.
Discussion took place with regard to communities that permit this type of
building procedure and others that do not, the need for soil borings at two
corners of the foundation , and the need of close inspection of these procedures.
Moved by Marienthal , seconded by Rech to not allow either trench footings or
PVC piping under concrete slabs to be used in this community at this point in
time.
In response to a question from Trustee Marienthal , Mr. Rapp stated that the
developer has agreed to pay for cost for tests to be made by an independent
soil testing firm selected by the Village. He said the developer has a
registered professional soils engineer that stands behind this type of
procedure with a one million dollar insurance bond. He felt with these
procedures, the developer will be able to provide better homes at lesser cost.
Bill Griffin, Vice-President of the Hoffman Group, Inc. , stated that he will
supply a letter agreeing to pay for any additional cost of inspections for
this procedure.
Trustee Marienthal said that these are not proven procedures. He noted that
the previous Village staff did not approve of these procedures.
In response to a question from Trustee Carroll , Mr. Rapp said if the soil
borings find a particular piece of land is not suitable for trench footings,
the conventional footing will be used.
Upon roll call , the vote was:
AYES: 3 - Rech, Bogart, Marienthal
NAPES: 4 - Mahoney, Driscoll , Carroll , Fabish
Motion defeated.
Ordinance #77-8
Moved by Mahoney, seconded by Driscoll to remove from table consideration of
Ordinance #77-8. Upon roll call , the motion passed unanimously.
A roll call on the motion to approve Ordinance #77-8 found the following:
AYES: 4 - Mahoney, Driscoll , Bogart, Carroll
NAPES: 2 - Rech, Marienthal
Motion declared carried.
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Ordinance #77-9
Trustee Mahoney read Ordinance #77-9, AN ORDINANCE AMENDING ORDINANCE #74-22-A.
This Ordinance approves a Planned Unit Development along Route 83 at Busch
Road (commonly known as Frank/Balsamo property) .
Albert Frank reviewed with the Board Exhibit B-1 of the ordinance which is
the plan of development. He noted the only change from the plan approved in
November was that the north exit from the development was moved to the east
as requested by the Board. He said that if this is approved, Levitt will need
a side yard variation on the 2 lots through which the east street will go.
Trustee Carroll asked if by approving this plan with the east exit street,
would the Board be obliged to grant Levitt a variation on the two lots
fronting the street. Mr. Raysa said that if by approving this plan, the
Village takes away Levitt 's right to use those lots , the Board will have to
grant the variation.
Moved by Carroll , seconded by Mahoney to approve Ordinance #77-9. Upon roll
call , the vote was:
AYES: 4 - Mahoney, Driscoll , Bogart, Carroll
NAYES: 2 - Rech, Marienthal
Motion declared carried.
Resolution #77-4
President Fabish read Resolution #77-4, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the MFT Fund Savings Account.
Moved by Rech, seconded by Mahoney to approve Resolution #77-4. Upon roll
call , the motion passed unanimously.
Resolution #77-5
Trustee Carroll read Resolution #77-5, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Revenue Sharing Account.
Moved by Rech, seconded by Driscoll to approve Resolution #77-5. Upon roll
call , the motion passed unanimously.
Resolution #77-6
Trustee Carroll read Resolution #77-6, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Special Escrow Account.
Moved by Driscoll , seconded by Rech to approve Resolution #77-6. Upon
roll call , the vote was :
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 1 - Marienthal
Motion declared carried.
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Resolution #77-7
Trustee Carroll read Resolution #77-7, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Civil Defense Fund Savings
Account. Moved by Rech, seconded by Driscoll to approve Resolution #77-7.
Upon roll call , the motion passed unanimously.
Resolution #77-8
Trustee Carroll read Resolution #77-8, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Civil Defense Fund Account.
Moved by Rech, seconded by Bogart to approve Resolution #77-8. Upon roll call ,
the motion passed unanimously.
Resolution #77-9
Trustee Carroll read Resolution #77-9, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert's on the MFT Fund Account. Moved by
Bogart, seconded by Rech to approve Resolution #77-9. Upon roll call , the
motion passed unanimously.
Resolution #77-10
Trustee Carroll read Resolution #77-10, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Water Fund Account. Moved
by Mahoney, seconded by Bogart to approve Resolution #77-10. Upon roll call ,
the motion passed unanimously.
Resolution #77-11
Trustee Carroll read Resolution #77-11 , a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the General Fund Account. Moved
by Bogart, seconded by Mahoney to approve Resolution #77-11 . Upon roll call ,
the vote was:
AYES: 5 - Mahoney, Rech , Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSTAIN: 1 - Marienthal
Motion declared carried.
Resolution #77-12
Trustee Carroll read Resolution #77-12, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the General Fund Savings Account.
Moved by Driscoll , seconded by Bogart to approve Resolution #77-12. Upon roll
call , the motion passed unanimously.
Resolution #77-13
Trustee Carroll read Resolution #77-13, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Water Fund Bond Reserve
Account. Moved by Rech, seconded by Mahoney to approve Resolution #77-13.
Upon roll call , the motion passed unanimously.
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Resolution #77-14
Trustee Carroll read Resolution #77-14, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Water Fund Depreciation and
Contingencies Account. Moved by Bogart , seconded by Rech to approve Resolution
#77-14. Upon roll call , the motion passed unanimously.
Resolution #77-15
Trustee Carroll read Resolution #77-15, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Water Fund Account. Moved
by Mahoney, seconded by Driscoll to approve Resolution #77-15. Upon roll call ,
the motion passed unanimously.
Resolution #77-16
Trustee Carroll read Resolution #77-16, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Golf Fund Account. Moved by
Bogart, seconded by Carroll to approve Resolution #77-16. Upon roll call ,
the motion passed unanimously.
Resolution #77-17
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Trustee Carroll read Resolution #77-17, a bank resolution changing Daniel
Larson 's signature to Richard Glueckert 's on the Payroll Account. Moved by
Rech, seconded by Mahoney to approve Resolution #77-17. Upon roll call , the
motion passed unanimously.
Capital Improvement Program
Moved by Carroll , seconded by Mahoney to table consideration of the Capital
Improvement Program. Upon voice vote, the motion passed unanimously.
Executive Session
Moved by Mahoney to move to executive session to discuss litigation .
Due to the lateness of the hour, Arthur Sheridan of Dominion Development
Company requested that this executive session be deferred until next week
at 9:00 P.M. Trustee Mahoney withdrew his motion.
Golf Course Purchase
Moved by Bogart, seconded by Rech to resolve that it is the intent of this
Village Board that revenue generated from the golf course be used to pay for
`./ the cost of the golf course and taxes will be abated to that extent. Upon
roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
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4. Adjournment
Moved by Driscoll , seconded by Mahoney to adjourn the meeting, Upon voice
vote, the motion passed unanimously.
Time: 12:05 A.M.
Respectfully submitted,
Vern L. Clayt9n , Village erk
PASSED AND APPROVED this ,-`9 day of , 1977.
Village President