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1974-11-04 - Village Board Regular Meeting - Minutes } 4058 11/4/74 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, NOVEMBER 4, 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE , ILLINOIS. In the absence of the President, the Village Clerk 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: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll President Armstrong arrived at 10:00 P.M. Also present were Daniel Larson , Village Manager; Richard Raysa, Village Attorney; William Dettmer, Chief Inspector; and Charles McCoy, Director of Public Works. Trustee Osmon moved to appoint Trustee Shirley President Pro Tem in the absence of President Armstrong. Trustee Rech seconded the motion. A voice vote found the following: AYES: Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll NAPES: None ABSTAIN : Trustee Shirley The motion carried. 1 . Minutes of October 29, 1974 Trustee Mahoney moved to approve the minutes of October 29, 1974. Trustee Rech seconded the motion. Trustee Osmon referred to page 4049, paragraph 3, regarding his question to Mr. Ancel relative to the validity of the offer to sell the golf course, and Mr. Ancel 's answer "valid, contingent upon disposing of the matter in question regarding the restriction against rentals." He stated it was his recollection this was not as stated, and said he asked Mr. Ancel if it was valid with respect to the way it was presented and discussed before the Board in the last month. He requested that due to the importance of this, deferrment of the minutes be until next week and directed the Village Clerk to check the tapes of the meeting to determine if it has the entire content of his request and Mr. Ancel 's answer. Trustee Rathjen referred to page 4053, top of the page, and stated his vote was naye. Trustee Shirley referred to page 4050, last paragraph, line 1 , and requested that the line be restated to read "Trustee Shirley stated that Mr. Ancel represented that if granted the 1/3 rentals , it was not his client's intention to challenge that restriction and return for additional rentals , and requested that statement included in the agreement. Mr. Ancel made no challenge to the statement." Trustee Osmon moved to table approval of the minutes until the next meeting. Trustee Mahoney seconded the motion and a roll call vote found the following: AYES: Trustees Shirley, Osmon , Rathjen , Mahoney, Rech, Driscoll NAYES: None The motion carried. 4059 11/4/74 2. Warrant #299 Trustee Shirley presented Warrant #299, in the amount of $153, 129.57,and moved for its approval . Trustee Rech seconded the motion. Discussion followed on several items , but no changes were made. Trustee Rathjen questioned why 50% of Mr. Raysa's retainer fee is charged to the Water Fund and felt this could not be justified. Trustee Osmon agreed with Trustee Rathjen on this matter. Trustee Osmon felt there should be a true reflection of where the monies are being spent. Trustee Shirley stated the retainer is $400.00 per month distributed evenly between the General Fund and the Water Fund. Trustee Osmon felt the total retainer should be placed in the General Fund, and then if a part of Mr. Raysa's time is spent in the Water Department, then it should be placed in the Water Fund. Trustee Shirley noted that discussion of the Water Fund would be placed on the agenda next week, and any discussion should be deferred until that time. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon , Rech, Driscoll NAPES: Trustees Rathjen , Mahoney The motion carried. 3. Standing Committee Reports Trustee Osmon reported he attended the Homebuilders of Greater Chicago Seminar last Friday and Saturday, and noted the meeting was concerning inflation and problems caused thereby to developers and Village Government. He felt of particular interest was a discussion regarding Homeowners Associations and their thoughts on street construction standards and sidewalks in front of their buildings. Bicentennial Commission Trustee Rech announced an organizational meeting of the Bicentennial Commission will be held on Thursday, November 21 , 1974, at 8:00 P.M. , and invited all interested citizens to participate. 4. COMMITTEE OF THE WHOLE Cambridge-on-the-Lake Trustee Shirley referred to a request from Richard J. Brown of Cambridge-on-the- Lake to extend the height variation for proposed Building Six for an additional six months. Mr. Larson stated last Friday another request was received that they be given permission to conduct a model home and sales office for another three years. Mr. Larson noted the height variation request expired on September 3, 1974, because in accordance with the Zoning Ordinance, no variation shall be for a period longer than six months unless a building permit has been obtained. Mr. Larson stated a letter was mailed to Jerry Conrad of Leisure Technology-Midwest , Inc. on October 15, 1974, in this regard. Trustee Osmon requested to defer consideration on this matter until a firm commitment is received from Cambridge-on-the-Lake relative to the installation 4060 11/4/74 of the sidewalks on Dundee Road, because he was promised same from Mr. Brown two years ago. Mr. Larson stated a commitment was received. Trustee Shirley noted there is a question as to whether or not a sidewalk can be installed in the small area between the roadway and the fence. Trustee Rech stated a tree was planted in the sidewalk area. Mr. Ralph Swanson of Cambridge-on-the-Lake suggested that perhaps the tree is a replacement for trees that were torn out during construction of Dundee Road. Mr. Swanson stated the construction of Building Six was not begun for economic reasons, high interest rates, and unavilability of mortgage money. He stated they regret they had not followed through on the first request, and appealed to the Board for understanding of the situation. In reply to a question from Trustee Shirley, Mr. Swanson stated if the economy changes , they intend to build, it would take nine or ten months to build the building, and it possibly will take three years to sell the condominiums depending entirely on the market ; therefore, the sales office is needed for three years. In reply to a question from Mr. Larson , Mr. Swanson stated he has been meeting with the Park District to determine if the Sales Office could be relocated on the parcel of land owned by the Park District adjacent to the development. Mr. Swanson stated if the building is to be preserved, they could move it on that parcel with some ingress and egress and perhaps donate it to the Park District. Mr. Swanson stated if there is a law prohibiting a commercial enter- prise from utilizing any part or parcel of a Park District, then they will have to relocate it on their own property and there is one corner where it may be possible. Mr. Dettmer stated that building was built under temporary occupancy and miscellaneous use of the Building Code, and it would not meet the minimum requirement for a place of public assembly. Trustee Shirley inquired of Mr. Swanson the status of the sidewalks. Mr. Swanson stated that Richard Brown has every intention of installing them and regreted the length of time, but placed fault to the road construction. Mr. Larson stated he is in receipt of a letter from Mr. Conrad stating his agreement to install the sidewalks. Mr. Swanson stated the Board could rely on his word. Trustee Osmon stated he has strong reservations as to the integrity of Leisure Technology-Midwest , Inc. and Richard Brown, Inc. based on their not fulfilling their commitment. He moved the matter be tabled to the next meeting until the Board has a letter of commitment with a specific completion date from Leisure Technology-Midwest , Inc. regarding the sidewalk. Trustee Rathjen seconded the motion and suggested that the Plan Commission be contacted regarding the temporary sales office facility to determine if there are any other items they would have to investigate regarding the placement and/or extension in terms of the initial construction or placement of the building. Trustee Osmon amended the motion to include Trustee Rathjen's suggestion. In reply to a question from Trustee Rech , Mr. Raysa stated because of the time lapse, Cambridge-on-the-Lake has already defaulted. The Clerk called the roll and found the following: AYES: Trustees Osmon, Rathjen NAYES: Trustees Shirley, Mahoney, Rech, Driscoll The motion was defeated. 4061 11/4/74 In reply to a question from Trustee Rech , Mr. Raysa stated the course Leisure Technology should now follow is to reapply for the height variation unless the Board gives them the extension. Mr. Swanson stated if the Village would have advised them of the expiration , they would have appealed before they had defaulted. Mr. Larson stated this building and changes to the site will have to be brought back to the Plan Commission for final plat approval . He stated there are some changes to the site layout, some questions relative to parking, and there was no final plat approval given by the Plan Commission or the Board. Trustee Shirley suggested that if the Board wishes to consider extending for some months this variance, would it also wish to include a restriction that upon the completion of that time period extensionâ–ş the sidewalk in question would have to be completed. Trustee Osmon stated he did not like bending for the developers for commitments they have made some years back. Trustee Shirley felt that until the road was completed, the sidewalk was useless. Trustee Mahoney moved to grant the request of Leisure Technology to extend the height variation for proposed Building No. 6 of Cambridge-on-the-Lake for an additional six months with the condition that the sidewalk on Dundee Road will be completed by July 1 , 1975. Trustee Driscoll seconded the motion. Trustee Rech requested Greco be contacted regarding the tree they planted and suggested they transfer it to the median. The Clerk called the roll and found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Driscoll NAYES: Trustees Osmon, Rech The motion carried. Trustee Rech stated she could not vote in favor of a matter she did not think is right. Mr. William Dettmer, Chief Inspector, stated the Zoning Ordinance provides that the developer has the right to maintain the sales office until the last unit is sold. He stated the unit may be moved on their own property, and permission can be given by the Building Inspections Department as long as it meets health and safety standards. AppearanceControl Commission Trustee Shirley felt that because appointments are the President's privilege, the requested appointments to the Appearance Control Commission should be deferred. It was noted that Scott Butler, an intended appointee, was in attendance. Emergency Warning System Mr. Larson reviewed the request of the Civil Defense Commission for the purchase of an emergency warning system. He stated that the alerting devices will be installed at the Raupp Memorial Site, the White Pine Ditch area, and at the new park facility at Buffalo Grove Road and Dundee Road. He stated it is a suggestion that this be bid on as a two part proposal , one part being all three items installed at the same time, and the other being the three alarm devices to be installed over an 18 month period - one every six months. 4062 11/4/74 In reply to a question from Trustee Shirley, Mr. Paul Soucy, Director of Civil Defense, stated this is the ideal time to go for bids. Trustee Rech moved to submit to bids the specifications for the outdoor warning system with the two alternatives. Trustee Driscoll seconded the motion , and a roll call vote found the following: AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech , Driscoll NAPES : None The motion carried. Fire Referendum Trustee Osmon requested the Fire Referendum discussion be deleted from the agenda since he did not request it be placed on this agenda. Trustee Osmon stated it should be on the Workshop. There was no objection. Mr. Larson advised that it will be on the Workshop agenda next week. Public Works Facility Mr. Larson stated the Committee has reviewed the plans for the Public Works Facility, have determined the best drawings, and have submitted them to the Board to review the layout and architectual sketches. He stated that the schedule should be that the working drawings be complete the 1st or 2nd week of December, and bid opening toward the end of January. Mr. Ray Knoeppel reviewed the site plan and pointed out it is a high bay building with a one story wrap around and rear outdoor yard facing St. Mary's Cemetery with screening on both sides. He noted expansion capabilities,and stated the approach into the administrative end would be from Raupp Boulevard. Mr. Knoeppel then reviewed the floor plan and noted enough headroom was allowed for a future second floor. He pointed out that the conference area is situated in a manner that will not interfer with the security of the rest of the facility. Mr. Knoeppel displayed elevations and renderings of the building. Trustee Shirley suggested that Charles McCoy, Director of Public Works , and Mr. Larson review these plans with the Plan Commission and the Appearance Control Commission. Trustee Rech inquired as to the status of ownership of the property in question, being located on the southeast corner of Lake-Cook Road and Raupp Boulevard. Mr. Raysa advised that he has been in daily contact with Mr. Ancel regarding transfer of title and that there is a problem regarding legal description which should be solved shortly. Trustee Rech felt any decisions on the Public Works facility should be deferred until Village ownership of the property is consumated. Mr. Larson suggested authorization to proceed with working drawings be granted contingent upon receipt of the title of the property. Trustee Rathjen felt the Board should wait for a formal commitment from Mr. Ancel because it is the Board's decision to make. Trustee Rech questioned why the building faces Raupp Boulevard. Mr. Knoeppel explained that that position is best for traffic purposes. Trustee Rech expressed concern aesthetically of outside storage. Mr. McCoy explained that because of the screening, storage of material will not be seen from the street. 4063 11/4/74 President Armstrong arrived at this time. In response to a question from Trustee Osmon, Mr. Knoeppel stated that the estimated cost is $529,462, Trustee Mahoney stated that the Committee feels advertisement of bids should be as soon as possible due to increasing costs of construction. Trustee Osmon questioned why there were no plans for a basement. Mr. Knoeppel stated that because gases and chemical fumes seek a lower level , vehicle maintenance would be unsafe in an underground area. In response to a question from Trustee Osmon, Mr. Knoeppel stated that the cost of a shooting range would be $35,000, not including construction cost of the room. Trustee Osmon felt the Board was remiss in not considering the shooting range to insure proper training for police officers. Mr. Larson stated that police officers have been training at facilities in Elk Grove and Rolling Meadows. Mr. Knoeppel stated that after authorization, working drawings will be complete in two or two and a half months. He felt the Village should attempt to advertise for bids in January so that the project may be started in the beginning of the year because of anticipated increase in costs and because more bidders will be attracted. President Armstrong stated that when the ownership of the land is resolved, this matter will be placed on the agenda for authorization. Gambling Ordinance and Ordinance Regulating Coin Operated Amusement Devices Trustee Shirley moved to remove discussion of Ordinance #74-35, an ordinance repealing the Village Gambling Ordinance #65-22, from table. Trustee Mahoney seconded the motion , and upon a voice vote, the motion passed unanimously. Mr. Larson explained that Ordinance #74-35 was tabled until an ordinance regulating coin operated amusement devices could be passed. President Armstrong read Ordinance #74-40, an ordinance regulating coin operated amusement devices. Trustee Mahoney moved Ordinance #74-40 be approved with the following changes and insertions: 1 . Annual fee to be $20 for each device. 2. No more than three devices permitted in any one business establishment. 3. Delete Section VIII regarding minors. 4. Delete "juke boxes and musical boxes" from Section I . Trustee Shirley seconded the motion. Trustee Mahoney felt that Striker Lanes should be permitted to retain their four devices since they were installed prior to the passage of the Ordinance. He also felt that repealing of the Gambling Ordinance should take place after Ordinance #74-40 becomes effective. A voice vote found the following: AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech , Driscoll NAYES: None The motion carried. 4064 11/4/74 Ordinance No. 74-41 President Armstrong read Ordinance #74-41 , an ordinance extending a special use for the Arrowhead Planned Development. Trustee Osmon moved to approve Ordinance #74-41 with the addition of the layman's description to the legal description of the property. Trustee Driscoll seconded the motion. Trustee Rathjen questioned if there might be any portions of the original annexation agreement that the Board wished to change. Mr. Larson stated that the intent of the ordinance is to extend the special use only. In response to a question from Trustee Rathjen, Mr. Raysa stated that if the extension is not granted, the property will revert back to the regular R-9 zoning. A voice vote found the following: AYES: Trustee Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll NAYES: None The motion carried. Appearance Control Commission/Appointments President Armstrong appointed Scott Butler and Dennis Gramm to the Appearance Control Commission for three year terms and asked for concurrence of the Board. Trustee Osmon moved to concur. Trustee Rech seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon , Rathjen , Mahoney, Rech, Driscoll NAYES: None The motion carried. President Armstrong reappointed Ron Helms and Phil Lembo to the Appearance Control Commission for three year terms and asked for concurrence of the Board. Trustee Osmon moved to concur. Trustee Rech seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll NAYES: None The motion carried. Dundee Road Median Strip Because of a newspaper article he had read, Trustee Rathjen questioned if the State is committed to some of the plantings in the Dundee Road median strip. Mr. Larson stated that the commitment was made by Sigmund Ziejewski , who thought he had the authority to do so but later discovered he did not. Mr. Larson stated that the Transportation Department in Springfield is reviewing the possibility of returning to the Village any savings realized on a planted median versus an asphalt one; however, he reminded the Board that the terms of the "Letter of Understanding" signed by the Village were that the savings will go to the Village for plantings. He stated if the State does not agree to this , the Board will have to review the matter again. President Armstrong asked Mr. Larson to determine who the authorized person is and correspond with him on the matter. 4065 11/4/74 Dundee Road Sidewalks Trustee Rathjen asked if Mr. Frank had agreed to sidewalks on Dundee Road along his property. Mr. Larson stated that he had received a letter of agreement from Mr. Rodeck and that plans are to be referred to Mr. Seaberg. In response to a question from Trustee Rathjen , Mr. Larson stated he would contact Mr. Rodeck to determine when construction will take place. Homebuilders of Greater Chicago Seminar Trustee Osmon stated that he paid his own registration fee for the Homebuilders of Greater Chicago seminar. The Crossings, Phase 2 Trustee Rech referred to a letter, dated October 23, 1974, from the Lake County Recorder regarding discrepancies between Sheet 2 and Sheet 3 of The Crossings , Phase 2, plat of subdivision, and asked what course of action is required. Mr. Larson stated that Mr. Brouk of The Crossings is reviewing the matter and will make the necessary changes , and if the changes entail a readoption of the plat, it will have to be submitted to the Board for approval . Trustee Rech stated that the Plan Commission always require monuments be located on plats and questioned why there were none on this plat. Mr. Larson stated that he would prepare a report on the matter. Emergency Generators Trustee Osmon referred to a memo from Mr. McCoy, dated October 23, 1974, regarding the use of the emergency generators on October 15, 1974, due to loss of power, and felt because of this, the generators have already paid for themselves. President Armstrong stated that he was unhappy with the lack of service given by Commonwealth Edison on this matter. Mr. Larson stated that Commonwealth Edison is reimbursing the Village for overtime expenses incurred. There being no further business to conduct and no questions from the audience, Trustee Osmon moved the meeting adjourn. Trustee Rathjen seconded the motion , and upon a voice vote, the motion passed unanimously. Time: 10:45 P.M. Respectfully submitted, < L Verna L. Clayton, Village Clerk - PASSED AND APPROVED this '/ day of , 1974. V i l Vage P't-esiaent ;)