1974-09-10 - Village Board Regular Meeting - Minutes 4009
9/10/74
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 10, 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Armstrong called the meeting to order at approximately 8: 10 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
ABSENT: Trustee Rathjen
Also present were: Daniel Larson, Village Manager; Richard Raysa, Village
Attorney; Arnold Seaberg, Village Engineer; William Balling, Administrative
Assistant; and Charles McCoy, Director of Public Works.
1 . President 's Report
Dundee Road Median Strip
President Armstrong reviewed previous events concerning the Dundee Road planted
median strip. After receiving word from the State that a planted median would
not be allowed due to objections from businesses in the area, President Armstrong
stated he wrote a letter to the Governor indicating the Board and citizens of
the community felt strongly about some planting on the Dundee Road median strip,
and that although some businesses had opposed this, this did not indicate the
overall feeling of the community. President Armstrong stated the latest word
from the Department of Transportation indicates there will be no planted median,
but is to be mountable from one end to another. He stated that Senator Bradley
Glass suggested a meeting be set with Langhorn Bond of the State Department of
Transportation, himself and any of the other interested State Representatives
to determine if a compromise could be worked out as far as a planted median in
the residential area on Dundee Road.
Mr. Paul Box, traffic consultant, stated that unless the Village takes a strong
position on this matter, the State will go ahead with the original plan. He
suggested a painted two way left turn lane. He supported the Village position
and felt a planted median would be safe and practical .
Mr. Larry Frishman, 450 Springside Lane, suggested the Village contact the
State Highway Department and make an inquiry about the possibility of meeting
to discuss the Village preferences; inquire if the State had prepared a Declara-
I, tion of Negative Intent; indicate there is nothing in the Village record showing
an opportunity was given to review a draft Environmental Impact Statement or
Declaration of Negative Intent.
Representative Harold Katz arrived and stated he had been in contact with
people in the Department of Transportation regarding the problem. He felt the
best solution to the problem would be for the Village to resolve the problem
since the State is torn by the conflict between the residents, the Village, and
the merchants. He stated it is not too late, the matter is open, but a solution
should be reached immediately. He suggested a small working meeting with
representatives of the Village and the Chamber of Commerce be set to resolve
the differences.
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Mr. Burton Harris, 701 Silver Rock Lane, stated he could not understand how
the business community could dictate to the 17,000 residents of the Village.
President Armstrong stated he would contact Mr. David Potter, President of the
Chamber of Commerce,and set a meeting with Mr. Larson and one or two repre-
sentatives on the Board.
2. Standing Committee Reports
Fire District Referendum
Trustee Osmon reported a meeting was held last Thursday, September 5, 1974,
and petitions for the Fire District referendum will be passed out by interested
groups in the Village. He requested any group or individual interested in
volunteering their services to call him or Chief Winter. Mr. Raysa stated
people circulating these petitions should be 18 years or older.
3. COMMITTEE OF THE WHOLE
Winston Square Phase II
Trustee Osmon moved consideration of final plat approval for Winston Square,
Phase II , be removed from table. Trustee Driscoll seconded the motion and a
voice vote found the following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Mr. Mort Kaplan, attorney representing Centex, reviewed the Plat of Survey
consisting of 20 acres, 46 single family zero lot line homes and 94 townhouse
units. He presented exhibits showing elevations.
Mr. Kaplan introduced Mr. Lee Circle, landscape architect , who in turn gave
his qualifications. Mr. Circle stated that the buildings will be set staggered
leaving 16 feet in the rear for patios. In reply to a question from Mr. Larson,
Mr. Circle stated that the back yard grading would be changed to provide proper
drainage. Mr. Seaberg felt there would be no problem in this regard.
Mr. Circle reviewed the landscaping exhibit and stated all property will be
sodded. Trustee Osmon requested there be no occupancy permits until the units
were completely sodded. Mr. Kaplan stated sod is installed as weather permits ,
but they would be willing to put up a landscaping bond. Mr. Circle stated
Centex has allotted $75,000 for landscaping for the 140 units , which amounts
to $535.50 per dwelling unit. In reply to a question by President Armstrong
concerning the sparce plantings , Mr. Circle stated they tried to place a tree
in each yard, that the evergreens were large, and some room should be left for
the individual owners to reflect their own ideas. Mr. Richard Glauner of the
Appearance Control Commission, observed the trees were all in a row, the
evergreens in a row, and the cars are in a row. Mr. Circle stated the buildings
are different in their elevations, the roof lines are different , and all in all
there is a variation in third dimension. Mr. Circle stated that upon the advice
of the Appearance Control Commission, they changed the plan from 25 evergreens
and no small evergreens to 206 small evergreens and 79 tall evergreens.
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Mr. Glauner stated that 100 other plants were removed at the same time. Mr.
Kaplan stated he felt this was a sufficient landscaping plan.
Mr. Kaplan presented the renderings of the zero lot lines and stated the
exhibit did not portray what the final would be.
In reply to a question from Trustee Shirley, Mr. Kaplan stated that there
was not room to curve the entrance walks and provide for adequate drainage.
III
Mr. Seaberg stated the walks are hidden from view but would not hinder drainage.
Mr. Wiedner, in the audience, expressed concern over the drainage of his
property. Mr. Seaberg stated Mr. Wiedner's property drains to the south and
the model area drains due east , and there should be no influence on his property.
After discussion, Centex representatives stated they would meet with Mr. Wiedner
to resolve the problem.
Mr. Ron Helms of the Appearance Control Commission , commented on the drainage
on the bike paths. Discussion followed. Trustee Osmon requested that if a problem
occurs, Centex be advised and a time interval would be given to make adjustments,
and if they did not, the Village would do so and charge for services. Mr. Kaplan
stated he could not make such a commitment at this time and felt this is not
material to the Board's approval of this phase. Mr. Helms stated he felt some
of the worse problems in a development are drainage problems , and wished to go
on record to insist that drain lines be installed, and according to the engineer-
ing drawings, the flat slope will not drain. Mr. Seaberg felt it would drain
except for some spots and these areas could be resolved through filling in or
drain tile. Mr. Kaplan stated they will do whatever is necessary at the time
difficulty arises to correct the problem. Mr. Seaberg stated as problems
arise and complaints are received, the matter will be investigated at time of
final inspection. Trustee Rech felt the problem should be resolved now instead
of 3 to 5 years letting the responsibility fall on the homeowners association.
Mr. Kaplan stated they have to follow all Village Ordinances and final plat
approval can be given making note of this particular problem, and, if this
arises at a later time, the Village has the right to stop building permits.
Trustee Rech requested Mr. Seaberg give his position to this particular drainage
and what his recommendations are regarding final plat approval . Mr. Seaberg
stated he did not feel it mandatory or necessary to provide drain tile behind
each and every house in the subdivision; that it may be necessary in some areas ;
and that the Village may be forced to require the developer to install drainage
tile prior to final inspection.
Trustee Mahoney moved to grant final plat approval subject to the right of
the Village to have leverage to withhold building permits if sometime in the
future the petitioner should fail to satisfy the Village with respect to
resolution of drainage problems that might arise. Trustee Osmon seconded the
motion.
After discussion, Trustee Mahoney amended the motion to be subject to all the
commitments of record and to all the exhibits. Trustee Osmon wanted to spell
out the exhibits. Mr. Seaberg stated a separate performance guarantee could
be asked for in this particular situation because it is a new type of project.
Trustee Shirley asked if the Village would approve final plat with the provision
subject to the drainage problem being the responsibility of the developer for a
period of time after all other public items have been accepted, in order that
neither the Village nor the homeowners association would have to assume the
responsibility three or four years later. Mr. Seaberg stated the Village is
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covered until one year after final approval and felt this was sufficient
since the grading problems would show up fast. Mr. Kaplan is agreeable.
Mr. William Balling, Administrative Assistant, noted that the developer had
committed to improve Pauline Avenue utilizing a 66 foot right of way. Currently
there exists only a 33 foot right of way on Pauline Avenue from Weiland Road
eastward approximately 350 feet to the developers property line. An additional
33 foot right of way dedication is required on that parcel to complete the
road improvement.
Trustee Osmon asked if it would be acceptable to add as an amendment that the
Village pursue the acquisition of the additional property by whatever means
necessary. Mr. Larson added that any and all expenses be incurred by Centex.
Trustee Mahoney stated he preferred to omit this point and commit that the
Village would support the developer with a condemnation suit if the developer
were not able to negotiate a good faith price, as was done in Strathmore Grove.
The Clerk called the roll and found the following:
AYES: Trustees Osmon, Mahoney, Driscoll
NAYES: Trustees Shirley, Rech
ABSENT: Trustee Rathjen
The motion carried.
10:30 P.M. - The President declared a recess.
10:47 P.M. - The meeting resumed.
Zonin9 Board of Appeals/Appointments
President Armstrong reappointed John Quick to the Zoning Board of Appeals for
another five year term, effective September 27, 1974, and asked concurrence of
the Board. Trustee Mahoney moved to concur. Trustee Osmon seconded the motion ,
and a voice vote found the following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Upon the recommendation of the Zoning Board of Appeals , President Armstrong
appointed Herman S. Hefler, 941 Dunham Lane, to the Zoning Board of Appeals,
effective September 27, 1974, for a five year term and asked for concurrence
of the Board. Trustee Shirley moved to concur. Trustee Osmon seconded the motion,
and a voice vote found the following:
AYES: Trustees Shirley, Osmon , Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Environmental Control Commission/Appointment
President Armstrong appointed Lawrence J. Frishman to the Environmental Control
Commission to complete the term of Mr. Behymer. Trustee Osmon moved to concur.
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Trustee Mahoney seconded the motion and a voice vote found the following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Buffalo Grove Weather Station
Mr. Iry Capitel reviewed the Public Relation Committee's recommendation for
II a weather station in Buffalo Grove. He reviewed with the Board the instruments
necessary to transmit local weather conditions and the costs for weather
instrumentation at a total cost of $2,376, assuming that the installation can
be done by the Village Public Works Department. He stated that maintenance
on the instruments would be approximately $350 per year not including parts.
Trustee Shirley questioned if any organization had indicated interest in
participating in funding this proposal . Mr. Capitel stated not to date.
Trustee Shirley stated that financially the timing for this is not appropriate.
Trustee Mahoney moved to accept the recommendation of the Public Relations
Committee and direct the Staff to inform the Board from time to time when the
financial position would allow purchase. Trustee Osmon seconded the motion.
Trustee Rech noted other Village programs that suffer from the financial
problems of the Village. She questioned if there was any way this could
be obtained other than through tax money and offered assistance.
Trustee Mahoney amended the motion to encourage the Public Relations Committee
using its good judgement to contact community organizations or individuals
about their possible interest in participation. Trustee Osmon seconded the
amendment. The Clerk called the roll and found the following:
AYES: Trustees Shirley, Osmon , Mahoney, Driscoll
NAYES: Trustee Rech
ABSENT: Trustee Rathjen
The motion carried.
Ordinance No. 74-28
President Armstrong read Ordinance No. 74-28, an ordinance conveying certain
property located adjacent to Willow Stream Park to the Buffalo Grove Park
District. Trustee Shirley moved to approve Ordinance No. 74-28. Trustee
Rech seconded the motion, and a voice vote found the following:
AYES: Trustees Shirley, Mahoney, Rech , Driscoll
NAYES: Trustee Osmon
ABSENT: Trustee Rathjen
The motion carried.
{ Ordinance No. 74-29
Trustee Rech read Ordinance No. 74-29, an ordinance prohibiting parking along
the east side of Glendale Road at Bernard Drive, and moved for its approval .
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Trustee Osmon seconded the motion, and a voice vote found the following:
AYES: Trustees Shirley, Osmon , Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Resolution No. 74-22
Trustee Shirley read Resolution No. 74-22, a resolution opposing the rezoning
of the Bugner Farm located on Weiland Road, south of Busch Road. Trustee
Osmon moved to approve Resolution No. 74-22 as submitted. Trustee Mahoney
seconded the motion. Trustee Mahoney stated he would prefer to see paragraph
(g) omitted, (e) rephrased, (h) omitted, (c) omitted, and (a) rephrased.
Trustee Osmon stated he would not change the motion. Trustee Mahoney stated
he would support it but felt the Village weakens their position by including
reasons that are not valid. Mr. Larson agreed. A voice vote found the
following:
AYES: Trustee Osmon
NAYES: Trustees Shirley, Mahoney, Rech, Driscoll
ABSENT: Trustee Rathjen
The motion was defeated.
Trustee Mahoney moved to request the staff to revise Section 1 of the Resolution
in view of the comments made of record tonight. Trustee Shirley seconded the
motion, and a voice vote found the following:
AYES: Trustees Shirley, Osmon , Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Resolution No. 74-23
President Armstrong read Resolution No. 74-23, a resolution approving a
maintenance agreement with the Lake County Forest Preserve District for the
Buffalo Creek Forest Preserve area. Trustee Rech moved to approve Resolution
No. 74-23. Trustee Driscoll seconded the motion, and a voice vote found the
following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech , Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
College of Lake County Community College Referendum
Trustee Mahoney reviewed the plans for the September 28, 1974, referendum
regarding the placement of School District #125 in the College of Lake County
Public Community College District. Trustee Mahoney stated the question is
whether the Board should take a position.
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After discussion, Trustee Mahoney moved that the Village Government recommend
a "no" vote in the referendum and give the residents of School District #125
a freedom of choice to attend Harper or College of Lake County. Trustee Osmon
seconded the motion. A voice vote found the following:
AYES: Trustees Shirley, Osmon , Mahoney, Rech, Driscoll
NAPES: None
ABSENT: Trustee Rathjen
The motion carried.
Right to Life Proclamation
President Armstrong proclaimed the week of October 7th through 14th as
Respect Life Week, and asked for concurrence of the Board. Trustee Mahoney
moved to concur. Trustee Driscoll seconded the motion. Trustee Mahoney stated
the intention of the resolution is not to seek agreement on the part of
Village governments with respect to the abortion question. Trustee Osmon
stated there is an implied intent of the Village supporting anti-abortion,
and for that reason will abstain from voting. Trustee Rech felt this was
not in the jurisdiction of the Village Board and the residents have the
ability to make these decisions themselves. The Clerk called the roll and
found the following:
AYES: Trustees Mahoney, Driscoll , President Armstrong
NAPES: Trustee Shirley, Rech
ABSTAIN: Trustee Osmon
ABSENT: Trustee Rathjen
The motion carried.
Dundee Road Construction
Trustee Osmon questioned how long Saxon Court will be tied up due to Dundee
Road construction. Mr. Larson stated he would investigate.
Trustee Osmon expressed concern that gravel is damaging the concrete at Dundee
and Buffalo Grove Road intersection. Mr. Charles McCoy, Public Works Director,
stated he would investigate.
Trustee Mahoney moved to adjourn. Trustee Driscoll seconded the motion and
upon a voice vote the motion passed unanimously.
Time: 12 : 15 A.M.
Respectfully submitted,
Village Clerk
PASSED AN PP OVEI' i s day of ,.‘ , 1974.
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