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1974-09-03 - Village Board Regular Meeting - Minutes 3999 9/3/74 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD TUESDAY, SEPTEMBER 3, 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Armstrong called the meeting to order at approximately 8:20 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, Mahoney, Rech, Driscoll Trustee Rathjen arrived at 10:00 P.M. Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Arnold Seaberg, Village Engineer; and William Balling, Administrative Assistant. 1 . Minutes of Aug_ust 19, 1974 Trustee Mahoney moved to approve the minutes of August 19, 1974, as submitted. Trustee Rech seconded the motion, and a roll call vote found the following: AYES: Trustees Mahoney, Rech; President Armstrong NAYES: None ABSTAIN: Trustees Shirley, Osmon, Driscoll ABSENT: Trustee Rathjen The motion carried. 2. Warrant #295 Trustee Shirley presented Warrant #295, in the amount of $64,047. 34, and moved for its approval . Trustee Rech seconded the motion. Discussion followed but no changes were made. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon , Rech, Driscoll NAYES: Trustee Mahoney ABSENT: Trustee Rathjen The motion carried. 3. President 's Report Aden da President Armstrong stated he was in receipt of a memo from Mrs. Clayton, Village Clerk, advising that the cost of duplicating all items in the weekly agenda packets for newspapers is $1 , 100 per year. He stated that he directed the Village Manager to discontinue this practice, thereby realizing a savings to the Village; the newspapers would be given the agenda and minutes; and if there are particular items on the agenda that reporters desire full information of, they may request same and a fee will be charged. President Armstrong stated this will remain a policy until recinded by the Board. 4000 9/3/74 Mrs. Clayton stated the reporters were welcome to stop by her office prior to the meeting to review any attachments to the agenda. She stated the agenda and attachments would be available for review the Thursday before each Board meeting, and the charge for any copies would be duplicating costs only. Trustee Osmon stated the goodwill derived from giving newspapers copies of attachments more than offsets the costs , and did not want to see this practice discontinued. Mrs. Dorothy Berth, Reminder reporter, stated she felt a lot of the material , such as ordinances were not necessary, but other background material was helpful . Mr. Joe Franz, Paddock Publications reporter, stated he favored getting the entire packet and requested they be sent and billed to Paddock. Trustee Shirley stated he has received multiple copies of Ordinances and suggested Trustees keep original copies intact so they would not have to be reduplicated and suggested that the basic ordinances, minutes , public contracts , agreements, and resolutions with the agenda be provided to the newspapers on a no charge basis. President Armstrong polled the Board and found the following: Favor Trustee Shirley's suggestion : Trustees Shirley, Osmon, Mahoney, Rech, Driscoll . Favor providing minutes and agenda: None Weather Station President Armstrong commented on a recent Buffalo Grove Herald editorial regarding the Public Relations Committee's proposal for a weather station and stated he felt the article was in poor taste. Trustee Mahoney felt the editorial was written in a light vain but not in poor taste. Trustee Shirley felt the article was misleading because it indicated that a decision had been made, which was not the case. 4. Standing Committee Reports Buffalo Grove Days Trustee Shirley stated that the Buffalo Grove Days celebration was successful . He reported that 250 teenagers attended the swim party and dance, 650 people attended the dinner dance, and the parade was the largest in the last four years. He stated a financial statement will be forthcoming. President Armstrong suggested the celebration be held on another weekend earlier in \./ the summer to improve chances of having warmer weather, and requested that a poll of citizens be taken in the Newsletter. Mill Creek Park Trustee Osmon read a letter from Miller Builders which stated they were recinding their offer for an additional park site in Phase II , due to the extremely difficult economic situation in the real estate market. In reply to a question from Trustee Rech, Mr. Larson stated that Miller Builders agreement and one year extension has expired, but their zoning, as such, is still intact, and they will still need final plat approval . 4001 9/3/74 Next Meeting Trustee Mahoney requested th me of S e9, 19�S r l}eduled to September 10, 1974, in order/too ery `a televised' foo al game. ere being no objections, the meeting was rescheduled. Hospital President Armstrong referred to the new hospital which is to be built in the area, but not within the boundaries of Buffalo Grove. He stated the hospital will be named the Buffalo Grove Community Hospital and suggested a Resolution be passed objecting to this. He stated he objected to their using the Village's name without coming before the Board with an explanation. Trustee Mahoney felt it would be of no detriment for them to use the Village name and that many businesses use "Buffalo Grove" without Board approval . Trustee Rech felt that sometime in the future Buffalo Grove may have their own hospital and would prefer the name to be saved. Mr. Raysa stated a letter of objection could be forwarded to the Secretary of State and the Department of Registration and Education. Trustee Shirley suggested the Village contact the promoters and question why they are naming the hospital "Buffalo Grove Community Hospital". President Armstrong stated that he would do this. 5. COMMITTEE OF THE WHOLE Ordinance No. 74-27 President Armstrong read Ordinance No. 74-27, an Ordinance providing for the levy and collection of property taxes for the fiscal year ending April 30, 1975. Trustee Shirley moved to approve Ordinance No. 74-27. Trustee Mahoney seconded the motion. Trustee Shirley stated the Ordinance provides for one new tax which has not been levied by the Village in the past, that being Section 12, Special Working Cash Fund Tax, which is approximately 5t per $100 assessed valuation. In response to a question from Trustee Rech, Trustee Shirley stated that the IMRF rate is set by the State and social security rate is set by the Federal government. Trustee Rech questioned why the Civil Defense tax was lowered. Mr. Larson explained that in the last three years, the tax has been levied for the emergency weather alarm system and that the cost of the system has been accumulated. In response to a question from Trustee Rech, Mr. Larson stated that the average increase in tax caused by this Tax Levy will be approximately $17. Because the Street Lighting Tax can be levied in Cook County only, Trustee Rech suggested it be lowered from $.050 to $.043. Mr. Larson computed the changes this would make in the Street and Bridge levy. i 1 4002 9/3/74 Trustee Shirley amended his motion to change the Street Lighting Tax to $.043. Trustee Mahoney seconded, and a roll call vote found the following: AYES: Trustees Shirley, Mahoney, Rech, Driscoll , President Armstrong NAPES: Trustee Osmon ABSENT: Trustee Rathjen The motion carried. Resolution #74-21 President Armstrong read Resolution #74-21 , a resolution providing for a special levy to provide funds for the maintenance of Village streets and bridges. Trustee Rech moved to approve Resolution #74-21 as read. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Mahoney, Rech, Driscoll , President Armstrong NAPES: Trustee Osmon ABSENT: Trustee Rathjen The motion carried. 9:45 P. M. - The President declared a recess. 10:00 P.M. - The meeting resumed. Trustee Rathjen arrived during the recess. Ebben Property Mark Beaubien, attorney representing the property owners of the Ebben property, located on the northeast corner of Arlington Heights Road and Highway 83, was present to request rezoning of the property. He stated that they had petitioned the Village to rezone the property from R-1 , special use for a real estate office, 1 to B-1 , office or professional use. He referred to a staff report, dated May 15, 1974, regarding alternative commercial uses. He stated they had received a favorable response from the Plan Commission. He noted that the requested use is consistant with the Master Plan. Plan Commissioner Howard Keister stated that the Commission spent many hours on the matter, with the major concern being the size of the property. He stated that the first motion was to deny the request for rezoning to B-1 due to the fact that the property with its shape and size would not allow con- struction under the current zoning ordinances , which was carried by a 4 to 1 vote. The second motion was to rezone the property to R-3 due to the fact that the property does not meet the R-1 size requirements which it is currently zoned and continue the special use as outlined in Ordinance 68-3, and if for some reason the structure were destroyed the property could not be rebuilt upon, which failed by a 3 to 2 vote. The third motion was to rezone the property to R-3 with a special use expanded to include offices , business and professional , which carried by a 3 to 2 vote. He stated the two negative votes were because they felt it was not legal nor desirable to allow for a business type of special use in a residential district. In response to a question from President Armstrong, Mr. Raysa stated that the property could be zoned B-1 because it is contiguous with similarly zoned 4003 9/3/74 property across Route 83; thereby making the property large enough for that zoning district. Trustee Rech referred to Plan Commissioner Harris' letter, dated August 7, 1974, which stated that he opposes rezoning to B-1 because the side yard requirements of the zoning ordinance will not permit the construction of a building in the event the existing buildings were destroyed and because the parcel is small . In response to a question from Trustee Rech, Mr. Beaubien stated that the petitioner would agree to limit the use for office-type purposes only, including, but not limited to, doctor's offices , medical offices, real estate offices , attorney's firm offices, engineer's offices , and insurance offices. In response to a question from Trustee Osmon, Mr. Raysa stated that this is an unusual situation and special uses were provided for that reason. Trustee Mahoney moved to direct the Village Attorney to prepare an Ordinance rezoning the Ebben property to B-1 with special use for business and pro- fessional offices only and that the Ordinance vest the property owner with the right to rebuild substantially the same building in substantially the same square footage on the existing foundation. Trustee Rathjen seconded the motion. After discussion , Trustee Mahoney amended the motion by adding Alternatives "A" and "B" as site plan limitations and the recommendations encompassed in the memo from William Balling, Administrative Assistant, dated May 15, 1974. Trustee Rathjen seconded. Trustee Rech stated that in a B-1 district , residents may not live below the second floor. A roll call vote found the following: AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Driscoll NAPES: Trustee Rech The motion carried. Mr. Larson requested the property owner to provide the necessary easements. Mr. Beaubien stated this would be done immediately. Next Meeting Trustee Rathjen stated that he had been advised of the change in the next meeting date which took place prior to his arrival this evening, and stated that he would be unable to attend because of a teaching engagement. He felt the reason for the change was "light hearted." Buffalo Grove Golf Course President Armstrong stated that the Board previously approved the purchase of the Buffalo Grove Golf Course subject to receipt of their audit and its analysis by the Village Financial Consultant, Benjamin and Lang. He stated the audit has been received and analyzed. 4004 9/3/74 Trustee Shirley asked the Attorney if the financial condition of the golf course may be discussed in detail in an open meeting. Mr. Raysa stated that the owners of the golf course knew, when they provided the document , that it would be discussed publicly. Mr. Wayne Benjamin read his memorandum, dated August 29, 1974, which contained their analysis and recommendations. The recommendations were to pass the Installment Purchase Contract, to use net earnings to pay interest requirements of the contract, to initiate and closely supervise management of the golf �./ course, and to wait until the Village population reaches the home rule parameter of 25,000 to issue referendum or non-referendum bonds to refund the purchase contract. Trustee Shirley reviewed a comparison sheet of golf course operation the first six months of 1973 and the first six months of 1974. In response to a question from Trustee Shirley, Mr. Benjamin stated that he felt that 1973 was not as probitable a year as 1974 and 1972 because in 1973 the management was replaced temporarily. He stated that the three major elements in the operation of a golf course are physically mature course, adequate management, and weather. Trustee Shirley noted that if the Village had owned the course this year, it would have been able to support itself. Trustee Shirley asked what taxes would be if the course could pay its operating costs only. Mr. Benjamin computed that it would be 17 per $100 of assessed valuation. In response to a question from Trustee Osmon , Mr. Larson stated that sales tax still will be generated from the sale of pro shop items. Also, that the property tax the golf course was paying amounted to approximately $19,000 per year, of which the Village received 2%. In response to a question from Trustee Rech, Mr. Larson stated that Mr. Al Griffith has agreed to continue as manager of the course. In response to a question from Trustee Rech, Mr. Benjamin stated that in computing the statement of operations as a municipal operation, all depreciation was deleted. Trustee Osmon discussed briefly additional uses of the course and possible expansion. It was decided that until the Village owns the course, no expansion could be made. Trustee Shirley moved to accept the audit report and the financial consultant's report and approve the purchase of the golf course. Trustee Mahoney seconded the motion , and a roll call vote found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAPES: Trustee Osmon The motion carried. Phoenix Development President Armstrong read a letter from Bernard Wolf of Phoenix Construction Company, dated September 3, 1974, requesting the Board to eliminate the I 4005 9/3/74 restriction that all housing be "For Sale" and rentals having to be approved by separate action of the Board. Lengthy discussion followed regarding the possibility of the developer being unable to sell the units and if the Village should place such restrictions on a developer. Trustee Rathjen stated that if the "no rental" provisions had not been in the ordinance, he would not have voted in favor of it. Trustee Osmon moved to deny the request of Phoenix Construction. Trustee Rech seconded the motion , and a roll call vote found the following: AYES: Trustees Osmon, Rathjen, Rech NAYES: Trustees Shirley, Mahoney, Driscoll „ President Armstrong The motion was defeated. Trustee Mahoney moved to grant the request of Phoenix Development as presented in their letter of September 3, 1974. Trustee Shirley seconded the motion. Mrs. Dorothy Berth , 304 Indian Hill Drive, stated that the residents of the Village have fought the Phoenix rezoning for years and only backed off because Mr. Wolf's representative assured that there would be no rentals without going through a long process with the Village Board, and now the Board, tonight, is considering turning about on the people who elected them based on one letter. Trustee Mahoney disagreed with Mrs. Berth's characterization of the statement that there going to be units for sale as being the magic moment which changed the opposition. He stated that Phoenix always had the intention to build owner- ship units. Mr. Robert Cole, 76 Bernard Drive, stated that Jack Siegel , attorney representing Phoenix, promised to build sale units and now Phoenix is requesting permission to rent. Mr. Mahoney felt that the "no rental" provision is unenforcible. After lengthy discussion, Trustee Mahoney withdrew his motion and suggested that no action be taken regarding the request except to acknowledge the letter and advise that it is the good faith intention of the Board that they would be reasonable if he made out a serious case of economic difficulty in selling. President Armstrong polled the Board, an "aye" favoring sending a letter per Trustee Mahoney's suggestion, a "nay"favoring doing nothing about the request. The poll found the following: AYES: Trustees Shirley, Osmon, Mahoney, Driscoll NAYES: Trustees Rathjen and Rech �./ The letter will be sent. Trustee Rathjen stated that if rentals would be approved, he would not have voted in favor of purchasing the golf course. Trustee Mahoney moved that Ordinance #74-22, an ordinance approving the Phoenix PUD, be recorded. Trustee Shirley seconded the motion , and a roll call vote found the following: AYES: Trustees Shirley, Mahoney, Driscoll , President Armstrong NAYES: Trustees Osmon, Rathjen , Rech The motion carried. 4006 9/3/74 Winston Square, Phase II Mort Kaplan , attorney representing Centex, requested final plat approval for Phase II of Winston Square. He stated that they have received Plan Commission approval , have sought engineering approval , have appeared before the Appearance Control Commission, and have submitted a check, in the amount of $20,392.42, for engineering fees. Richard Glauner, Chairman of the Appearance Control Commission, stated that the Commission reviewed the plan and arrived at a 2 to 2 tie vote on approval of the project. He made the following points that he felt would improve the project: 1 . Set back of the zero lot line homes should be staggered to add variety to the development. 2. Landscaped earthen mounds should be constructed between driveways of the zero lot line homes to break the sight of cars. 3. Shrubs should be planted in front of zero lot line homes and townhouses to soften the effect of the corner of the units. 4. Entrance walk to units should be curved and located between plantings. 5. Landscaping performance bond should be given to the Village to ensure completion of the planting scheme. 6. Bike paths should be landscaped. After lengthy discussion, Mr. Kaplan stated that the developer agrees to stagger the frontage of the zero lot line homes. Trustee Osmon stated he would like to see renderings of the homes. Discussion took place regarding earthen mounds between the driveways. Mr. Kaplan noted that it would obstruct drainage and there was not enough room between driveways for the mounding. Appearance Control Commissioner Helms referred to the Commission minutes wherein he stated he felt the overall plan aesthetically is unacceptable and if he were to vote on the basis of the land plan , he would not accept it, but based upon the present land plan, he would accept the landscaping. He questioned the engineer- ing and drainage of the bike paths , objected to the fact that there is very little green space, objected to the look of mass parking, objected to the gridiron pattern of the streets , and felt there should be special sod of shady lawns. Mr. Kaplan stated that they have a good plan that will be successful and a credit to the Village. In response to a question from Trustee Shirley, Mr. Balling stated that all items in his memo of August 7, 1974, have been taken care of. Mr. Seaberg stated that they are in agreement as to what should be provided engineeringwise, and receipt of the plans is anticipated soon. He stated he had no complaints but that Pauline Avenue west of the project and additional retention basin in the next phase will have to be remedied. Trustee Rech asked if all right of ways have been acquired. Mr. Kaplan stated that a plat of dedication has been prepared. 4007 9/3/74 In response to a question from Trustee Rech, Mr. Seaberg stated there will be no carriagewalks. In response to a question from Trustee Rech, Mr. Seaberg stated sanitary sewer will be connected to the Lake County system and water will be connected to the Village system on Buffalo Grove Road until the well on the project is completed. Trustee Rech stated she would like a written agreement for the retention basin on the Tekton property before requesting approval for the next phase. In response to a question from Trustee Rech, Mr. Kaplan stated the phase will include 94 townhouses and 46 zero lot line homes, with an approximate density of 7 to 8 units per acre. In response to a question from Trustee Rech, Mr. Kaplan stated that they had received approval of the Park District. President Armstrong summarized the discussion and advised Mr. Kaplan that the Board would like the zero lot line homes staggered, more landscaping, and an effort to reduce the monotony of the project. Mr. Kaplan requested to be on next week's agenda. Trustee Rech requested the final plat to be more in conformance with the original site plan. Trustee Osmon requested renderings on the different types of models. Trustee Driscoll moved to table consideration of final plat approval of Winston Square, Phase II , until the first item on the agenda of the next meeting. Trustee Osmon seconded the motion , and upon a voice vote, the motion passed unanimously. Get Registered Week President Armstrong proclaimed the period of September 16 through September 20 as "Get Registered Week" for voters in Buffalo Grove. Trustee Osmon moved to concur with the President' s Proclamation. Trustee Driscoll seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None The motion carried. Buffalo Grove Veterinary Clinic Trustee Osmon moved to schedule the public hearing regarding the annexation of the Buffalo Grove Veterinary Clinic, located at the southwest corner of Buffalo Grove Road and Old Checker Road, for September 23, 1974. Trustee Shirley seconded the motion , and upon a voice vote, the motion passed unanimously. 4008 9/3/74 Trustee Osmon moved the meeting adjourn. Trustee Mahoney seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 2: 15 A.M. Respectfully submitted, Village Clerk PASSED A APPROVE this .3 day of , 1974. ill ge sident + f v