1974-11-11 - Village Board Regular Meeting - Minutes 4066
11/11/74
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 11 , 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Armstrong called the meeting to order at approximately 8:15 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 Osmon, Mahoney, Rech , Driscoll
ABSENT: Trustee Rathjen
Trustee Shirley arrived at approximately 8:25 P.M.
Also present were Daniel Larson, Village Manager, and Richard Raysa, Village
Attorney.
1 . Minutes of October 29, 1974
Trustee Rech moved to remove the minutes of October 29, 1974, from table.
Trustee Mahoney seconded the motion, and upon a voice vote, the motion passed
unanimously.
Trustee Osmon moved to approve the minutes of October 29, 1974, with the
verbatim transcript , dated November 5, 1974, attached to page 4049. Trustee
Driscoll seconded the motion and a voice vote found the following:
AYES: Trustees Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustees Shirley, Rathjen
The motion carried.
Trustee Shirley arrived at this time.
Minutes of November 4, 1974
Trustee Rech moved to approve the minutes of November 4, 1974, as submitted.
Trustee Shirley seconded the motion, and a voice vote found the following:
AYES : Trustees Shirley, Osmon, Mahoney, Rech , Driscoll
NAPES: None
ABSENT: Trustee Rathjen
The motion carried.
2. Standing Committee Reports
Harper Seminar
Trustee Rech reported that she attended a seminar at Harper College last
Thursday evening at which Mr. Wexler, Attorney for N. I .P.C. I . and Miller
Builders, and Mr. Glink, Attorney for Naperville, discussed new trends in
zoning. She noted one Wisconsin court case discussed in which the court
upheld an ordinance that prevented any building in flood plain.
4068
11/ll/74
Trustee Osmon moved to publish for public hearing by the standard operating
procedure of the Village, which is the Zoning Board of Appeals. Trustee Rech
seconded the motion, and a roll call vote found the following:
AYES : Trustees Shirley, Osmon , Rech, Driscoll
NAPES: Trustee Mahoney
ABSENT: Trustee Rathjen
The motion carried.
Lake-Cook Road Agreement
President Armstrong referred to a memo from Mr. Larson, dated November 6,
1974, relative to responses received from affected property owners regarding
their preference as to the location of the proposed sidewalk along Lake-Cook
Road at Weidner Road. President Armstrong noted of 19 letters mailed, 5
preferred placement of the sidewalk adjacent to rear property line, 1 preferred
placement within the right of way, 3 preferred placement through the middle of
the vacant property, 1 preferred placement closest to the road, 1 preferred no
sidewalk, and 8 gave no response. Trustee Osmon felt that if a drawing
depicting the fence had been enclosed, the preferences could have been affected.
Discussion followed regarding the need of the fence.
In response to a question from Nicholas Fisher, 100 Weidner Road, President
Armstrong stated that the County agreed to install a fence along Lake-Cook
Road on either side of Weidner Road for eight houses; that it is currently
planned to install the fence at the roadside but the Village could request
that it be relocated. Mr. Fisher could see no advantage to the sidewalk
due to the small amount of people that might use it.
In light of the fact that he felt it would be a waste of time and money to
fence vacant land, when not fencing the immediate rear property lines , Trustee
Shirley moved that no fence be installed in the area. Trustee Mahoney seconded
the motion. After discussion , Trustee Shirley withdrew the motion because
the sidewalk placement is at the edge of the road.
Daniel Reese, 77 Timberhill , stated that he would mow the grass behind his
property to the fence.
Discussion took place regarding where the sidewalk should be located. In
response to a question from President Armstrong, Mr. Seaberg stated the
sidewalk would be located in the right of way, which is 100 feet wide, that
there would be a 10 foot parkway and a five foot sidewalk.
Trustee Osmon moved to follow the contour of the sidewalks on either side
of this property being approximately 10 feet in from the curb line. Trustee
Driscoll seconded the motion, and a voice vote found the following:
AYES: Trustees Osmon, Mahoney, Rech, Driscoll
NAPES: Trustee Shirley
ABSENT: Trustee Rathjen
The motion carried.
4067
11/11/74
Naperville Ordinance
Trustee Osmon stated that the Naperville Ordinance had recently been upheld
in court. At Trustee Shirley's request, President Armstrong requested the
Village Attorney to review the decision and determine if Buffalo Grove's
Resolution #72-35 be changed to an ordinance. Trustee Mahoney suggested that
the review take place after the appeal is finalized.
Other Court Cases
Trustee Rech noted a recent court case, LaSalle Bank vs. Evanston, in which
the court ruled that a development can be denied for aesthetic reasons alone.
Trustee Shirley noted that the court had recently denied zoning to a developer
represented by Mr. Wexler because the surrounding area had not yet been developed.
He felt this case could have some bearing on the Stielow property.
Stielow Property
Mr. Larson stated that he and Mr. Raysa met with the Attorney representing
the owner of the Popp property and with Mr. Wexler, discussed the proposed
retention basin , and explored the possibility of including the Popp property
in the annexation to the Village.
3. Questions from the Audience
Golf Course
Robert Bogart, 930 Plum Grove Circle, inquired as to the status of acquisition
of the Golf Course. Mr. Raysa stated that he is to meet with Mr. Ancel on
Thursday to remit the $1 ,000 payment and obtain the executed copy of the
contract.
4. COMMITTEE OF THE WHOLE
Public Works Facility
Trustee Shirley moved to table for one week discussion of the Public Works
facility, pending receipt of the final agreement on the Golf Course. Trustee
Rech seconded the motion.
In reply to a question from Trustee Rech , Mr. Raysa stated that it was not
necessary to conduct a public hearing regarding rezoning of the property located
on the southeast corner of Raupp Boulevard and Lake-Cook Road where the Public
Works facility is to be located because the property will be owned by the
Village. Mr. Larson noted the property will require a special use and the
public hearing would be before the Zoning Board of Appeals. Trustee Shirley
expressed concern over the costs of a public hearing and felt the many open
meetings held on the subject accomplished the same as a public hearing. Trustee
Mahoney felt the longer construction is delayed, the higher costs will be, and
opposed the public hearing for that reason. Trustee Osmon felt that if the
Zoning Ordinance requires a public hearing, one should be held.
A voice vote on the motion to table found the following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
4069
11/11/74
President Armstrong read the Supplement to Agreement between Cook County,
the Village, and the Buffalo Grove Park District regarding construction of
Lake-Cook Road. Trustee Osmon moved to approve the agreement and the
supplement. Trustee Driscoll seconded the motion. After discussion, it was
decided to make the following changes to the Supplement:
1 . Section 2. (e) to read, "Construct the sidewalk at Weidner Road,
location to be approved by the Village Board."
2. Section 2. (f) to read, "Obtain approval of the Village of the type of
fence to be installed at Weidner Road as well as its location.
A voice vote found the following:
AYES: Trustees Shirley, Osmon, Mahoney, Driscoll
NAYES: Trustee Rech
ABSENT: Trustee Rathjen
The motion carried.
Ordinance #74-35
Trustee Shirley moved Ordinance #74-35 be removed from table. Trustee Mahoney
seconded the motion, and upon a voice vote, the motion passed unanimously.
President Armstrong read Ordinance #74-35, an ordinance repealing the Village
Gambling Ordinance. In response to a question from Trustee Mahoney, Mr. Raysa
advised that the Coin Operated Device Ordinance would not be in effect until
10 days after its publication.
Trustee Mahoney moved consideration of Ordinance #74-35 be tabled until the
Coin Operated Device Ordinance is in effect. Trustee Rech 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.
Mail Boxes
Trustee Rech noted that the Lake County portion of the Village has no mail
boxes and asked if the Board could influence a decision in this regard.
President Armstrong requested Mr. Seaberg to review the matter and recommend
two or three locations for the mail boxes at which time he would send a
letter of request to the Wheeling Postmaster.
Betty Drive
Trustee Rech requested that Mr. Larson contact Wheeling Township relative
to the bad condition of the road in front of the Early Learning Center on
Betty Drive.
4070
11/11/74
Lake County Residents
Trustee Osmon stated that at a recent fire referendum information meeting,
it was brought to his attention that many people in the Lake County portion
of Buffalo Grove feel they have no representation on the Village Board. He
requested that on the earliest possible agenda, the first item to be a dis-
cussion with Lake County residents about any problems they might have, and
that notification of the meeting be sent to all residents of that area.
President Armstrong suggested that a letter be sent from the residents des-
cribing what complaints they wished to discuss.
Trustee Rech stated that there is a unity problem in the Village that must
be worked out. She suggested that the April 15, 1975, election should be
the means by which these residents obtain representation.
President Armstrong suggested that one meeting be set aside as a "citizens
night" so that all citizens of the Village may appear before the Board to
discuss their problems.
Trustee Shirley did not feel a special meeting for Lake County residents would
serve any great purpose. He stated that the agenda of every meeting is printed
in the newspaper and that all citizens are welcome to attend and air their
views. He felt if a meeting for Lake County residents were held, meetings for
other areas would have to be held; therefore, he did not favor holding special
meetings for certain areas of the Village.
Trustee Shirley moved to adjourn to workshop. Trustee Mahoney seconded the
motion, and upon a voice vote, the motion passed unanimously.
Time: 9:30 P.M.
Respectfully submitted,
Vi lage Clerk
PASSED • D APP:sv I this S day of / v- , 1974.
401 IFA41111
106.h:i1727. 4"1.
illa•e esident
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