1974-03-04 - Village Board Regular Meeting - Minutes 3033
3/4/74
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, MARCH 4, 1974, AT THE MUNICIPAL
BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS.
President Armstrong called the meeting to order at approximately
8 : 25 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: Daniel Larson, Village Manager; ,Arnold Seaberg,
Village Engineer; Richard Raysa, Village Attorney; and William
Balling, Administrative Assistant, and Charles McCoy, Public Works
Director.
1. Minutes of February 25, 1974
Trustee Osmon moved to approve the minutes of February 25 , 1974 ,
as submitted. Trustee Driscoll seconded the motion. Trustee
Rech referred to page 3027 and requested in paragraph 8 , last
sentence, to change word "home" to "lot lines" . Also, Trustee
Rech requested a change on page 3028 , paragraph 7, line 1,
_„ "4 to 5 days" , change to "45 days" . A roll call vote found
the following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried with changes noted.
2 . Warrant #283
Trustee Shirley read Warrant #283 in the corrected amount of
$86, 446 . 20 . Trustee Shirley moved to approve Warrant #283 as
corrected. Trustee Mahoney seconded the motion, and a roll
call vote found the following:
AYES: Trustees Shirley, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
ABSTAIN: Trustee Osmon
The motion carried.
3 . Standing Committee Reports
Environmental Control
Trustee Rech announced that the students at Longfellow School
were involved in a paper drive on behalf of the Environmental
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Control Commission. She introduced Mrs . Joyce Bieritz who had
visited Longfellow School, explained the Environmental Control
Commission' s purpose and encouraged the use of the Reclamation
�-- Center through a paper drive. Mrs . Bieritz stated other schools
would be visited for the same purpose , and each school partici-
pating in the program would be given an Ecology flag for their
efforts . She asked that the Board approve this project. Trustee
Rech moved to approve the Environmental Control School Project
and the expense for the flags. Trustee Driscoll seconded the
motion. Trustee Shirley questioned the cost for flags . Mr.
Larson stated it would cost under $100 . 00 . A voice vote found
the following:
AYES : Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Board of Health
Trustee Osmon stated he received a report from the Board of
Health regarding Reye' s Syndrome and noted cause of the disease
is unknown, but is not contagious.
Fire Study
Trustee Osmon questioned what progress has been made on the
Fire Study between Chief Winter and President Armstrong.
President Armstrong stated preliminary conversations were held;
that they will be meeting again this week; and will report back
to the Board next week.
4. Committee of the Whole
Police Commendations
President Armstrong read the Certificate of Commendation to
Officer Floyd Merenkov who began Explorer Scout Post 700 within
the Buffalo Grove Police Department and made it one of the most
successful Explorer Posts in the state.
President Armstrong read the Certificate of Commendation to
Officer Robert Quid who responded to a burglar alarm at
Anthony ' s T.V. , and upon careful implementation of required
legal procedures, arrested the offender within 12 hours of the
commission of the burglary.
President Armstrong read the Certificate of Commendation to
Officer Peter Lippert who while patrolling a traffic congested
area near a gas station, arrested the driver of a car and his
passenger as disorderly. A subsequent search of the arrestees
�.. uncovered a quantity of drugs and this matter led to the arrest
of two drug pushers .
President Armstrong stated this exemplified the caliber of men
serving in Buffalo Grove' s Police Department. President Armstrong
also congratulated the wives of these officers .
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President Armstrong also read a letter from Mr. Stan Margolis ,
addressed to the Police Chief commending all the Police Department
for their interest and concern of all the people of Buffalo
Grove and referred particularly to Officer Bob Manson. President
�-- Armstrong thanked and congratulated the Police Department.
Twisted Oak Sidewalk
President Armstrong noted that on Tuesday, February 19 , 1974 ,
Arnold Seaberg, Harry Walsh, Daniel Larson met with Donna Force
and Elizabeth McFadden to discuss the problems regarding the
access from Twisted Oak Lane and adjacent streets to the new
Twin Groves School and park site on Penny Lane. The staff
recommended the following:
1. A five foot cyclone fence should be constructed along the
rear lot lines of the homes on Twisted Oak Lane and Aspen
Drive from the Aspen Ditch to the bend on Twisted Oak Lane
with each abutting homeowner participating in the material
expense of the fence and the Village install same. The
homeowner' s expense would be $85.
2 . Levitt would install a sidewalk from Twisted Oak to Aspen
Court utilizing the easements noted on the Blitz property
and the Stoner property. Richard Raysa has reviewed this
matter and stated this easement is valid. That sidewalk
should be fenced and landscaped to improve the security of
the adjacent property.
President Armstrong noted there were alternatives that were
proposed, but were not considered the best choices.
1. Install a fence between the houses connecting each house
by a fence.
2 . Have a Police Officer patrol the area to discourage tres-
passers.
3. Install a walk between other homes located on Twisted Oak
Lane and Aspen Drive .
4. Install a walk over the Aspen Ditch to Aspen Drive.
In reply to a question from Trustee Driscoll, President Armstrong
stated Levitt had agreed to install a sidewalk and landscaping
from Twisted Oak to Aspen Court.
Mrs. Donna Force noted there were two homeowners involved adjacent
to Aspen Ditch who do not have fencing and these homeowners
anticipated trespassing if they were not fenced.
Mr. Steve Smaha, Indian Spring Lane, stated if fencing was done
for one area, it would have to be done for other areas with
similar problems. He felt fencing should not be an expense to
taxpayers.
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Mr. Harry Stoner opposed the sidewalk since it would dissect
his front yard. He did not feel many people would benefit
from the walk.
Mr. Larson reviewed with the Board the history of the easements
on the Blitz property. Mr. Raysa stated an easement is definitely
shown on the Plat as a dedicated sidewalk easement. Mr. Blitz
noted he purchased his property on August 20 , Levitt granted
the easement September 30 , the Plat of Survey was drawn on
October 16 , and the easement was recorded on November 2. He
stated if he had received the Plat of Survey that indicated an
easement for a public sidewalk on the side of his house, he
would have not purchased the house. Mr. Blitz stated as far
as he and his attorney are concerned, there is no easement for a
sidewalk and he was defrauded by Levitt. Mr. Blitz said his
attorney' s opinion is if the Village decides to put in the side-
walk, the only alternative would be to sue the Village.
Trustee Mahoney stated he opposes construction of a sidewalk
on the easement due to previous experience from a homeowner in
Cambridge and requested a poll of the Board.
Trustee Shirley questioned Mr. Brandwein, attorney for Levitt,
regarding the original annexation of the area and noted in that
particular agreement, Levitt was committed to the placement of
sidewalks running along side of Arlington Heights Road to Carlton
Place. Mr. Brandwein stated he was correct. Trustee Shirley
noted a change was made due to the concern for the safety of
school children and noted the Village attempted to buy two
pieces of property at the end of Twisted Oak to extend the road
to make a connection to the sidewalk. He stated when the Village
decided they could not afford this, they settled for the easement
now in question. He noted that at the time of this agreement,
Levitt agreed to landscape the sidewalks . He noted at the time
the commitment on those easements were made, it was stated to
the effect that the easement was to be split among four
properties, and when the properties were finally recorded, only
two were involved. Trustee Shirley questioned Mr. Brandwein
as to how this happened. Mr. Brandwein stated he was not
sure. Trustee Shirley noted that the Board reconsidered again
and decided on a sidewalk on Arlington Heights Road with Levitt' s
aid. Trustee Shirley expressed concern over a law suit by the
property owners and that the easements were not recorded as
originally presented. Mr. Brandwein referred to Mr. Blitz ' s
contract and stated it has a specific provision subject to
easements to be granted. Mr. Brandwein also noted the title
report and deed stated the title would be conveyed subject to
easements of record.
Trustee Shirley questioned Mr. Brandwein as to whether the original
plan of a sidewalk on Arlington Heights Road was a possibility.
Mr. Blitz felt if the sidewalk were put in along the side of his
house, vandalism might take place.
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Trustee Rech noted every homeowner living in close proximity to
a school has the same problem with foot traffic from children, and
stated she felt fencing in these areas would be a problem.
Trustee Rech requested that Mr. Raysa look into all the recorded
easements of homes involved, the trespass law regarding 13 year
and under children not being held liable, and the trespass law
regarding a posted sign. She questioned whether a crossing guard
could be hired for this area to direct traffic. Mr. Larson
stated he felt the least expensive solution for the Village would
be the labor for the Public Works Department to install the fence.
He noted the cost for a crossing guard is $9 . 00 per day and the
cost for a patrolman would be $30 .00 a day.
President Armstrong requested a poll of the Board on the question
"assuming the easement is available, will you support the installa-
tion of a sidewalk along Mr. Blitz ' s and Mr. Stoner' s property" .
A yes vote indicates a sidewalk should be placed there. A no
vote would mean no sidewalk.
The Clerk called the roll and found the following:
YES: None
NO: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
ABSENT: Trustee Rathjen
President Armstrong polled the Board regarding whether or not the
Village Staff should participate in the erection of a cyclone
fence as indicated in the staff report. A yes vote would favor
the Village staff to participate. A no vote would not favor the
Village staff to participate.
The Clerk called the roll and found the following:
YES: None
NO: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
ABSENT: Trustee Rathjen
After discussion, it was decided to hold a special meeting of
known offenders, their parents, the Youth Officer and affected
homeowners to discuss the damage done to property by trespassing.
10 :05 P.M. - The President declared a recess .
10 : 15 P.M. - The meeting resumed.
Omni-House Youth Service Bureau
Mr. Donald Kearns of Omni-House introduced to the Board Mr. Peter
Digre, Director of Omni-House, Dick Wynn, President of the Board,
Mrs. Barbara Adler, Secretary of the Board, Iry Capitel, Board
Member, and thanked the Village Board for the support given to
Omni-House. Mr. Kearns referred to a report sent to the Board
stating disbursement of the financial contributions from the
Village. He stated Omni-House is requesting $3 ,000 more in
financial support this year than last year, for a total of
$16 , 250 . Trustee Osmon moved to approve the request of Omni-House
for $16 ,250. Trustee Driscoll seconded the motion, and a roll
call vote found the following:
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AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Strathmore Grove
Mr. Robert Brandwein, attorney for Levitt requested the Board
take action to condemn a utility easement along the easterly
10 feet of the Spoerlein property in order to connect Strathmore
Grove to the sanitary sewer. He read from the portion of the
Annexation Agreement that the Village shall use its good offices
to secure the cooperation of an intervening property owner for
the construction of sewers.
Mr. Brandwein stated he and Mr. Robert Craig, Vice President
of Levitt Residential Communities, met with Mr. Spoerlein and
his attorney and made a bona fide offer for an easement. He
stated they informed Mr. Spoerlein that digging would begin in
March and be completed promptly as not to interfer with his
agricultural operations. He explained to Mr. Spoerlein that the
sewer line on his property would be to his benefit.
In reply to a question by President Armstrong, Arnold Seaberg
stated that he felt this was a proper location for a sewer line.
Mr. Larson stated he talked with Mr. Spoerlein and Mr. Sporelein
L. indicated Levitt's offer was not sufficient, and wanted them to
increase it and permit use of this sewer at no cost to him.
Mr. Brandwein stated Levitt has refused to go any higher.
In reply to a question from Trustee Osmon, Mr. Larson stated
Mr. Spoerlein stated he wanted to use the sewer for development
purposes .
In reply to a question trom Trustee Mahoney, Mr. Brandwein stated
if there is a condemnation suit, there would be no financial risk
to the Village.
Trustee Osmon moved to agree to assist Levit as per the Annexation
Agreement to enter into negotation and possible legal condemnation
proceedings, conditional upon Levitt' s agreeing to bear both the
cost of any litigation and indemnify the Village completely.
Trustee Mahoney seconded the motion.
Trustee Rech stated she felt the Village should no use offices
to condemn property.
The Clerk called the roll and found the following:
AYES : Trustees Osmon, Mahoney, Driscoll; President Armstrong
NAYES: Trustees Shirley, Rech
L - ABSENT: Trustee Rathjen
The motion carried.
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Trustee Mahoney moved that the Village Attorney prepare the
necessary ordinances. Trustee Osmon seconded the motion, and
• a roll call vote found the following:
-- AYES: Trustees Osmon, Mahoney, Driscoll; President Armstrong
NAYES : Trustees Shirley, Rech
ABSENT: Trustee Rathjen
The motion carried.
Arrowhead West
Mr. Fred Hillman, Executive Vice President of Chesterfield
Builders, addressed the Board for final plat approval of Arrowhead
West. Mr. Hillman noted the preliminary plan was approved in
December of 1972, and commenced for final approval in April of
1973. He stated they appeared before the Appearance Control
Commisson on May 10 , 1973. He said he was then contacted by the
Village Engineer with regard to engineering items and deficiencies
in the Lake-Cook Road dedication. He noted this was resolved in
July with the Board of Trustees. As a result of the Lake-Cook
Road dedication, it was necessary to redo the final plat. He
noted there were seven problems the Village Engineer had called
to his engineer' s attention, and all but one was resolved.
On October 17 , 1973, the revised engineering was delivered to
the Village Engineer. On February 27 , 1974 , Chesterfield' s
engineer was requested by the Village Engineer to meet with him
for a review of his recommendations relative to the new engineer-
ing layout. He stated they received in writing those recommenda-
.__. tions this morning and would like to review same with the Board.
He felt they did not have to comply with all of the suggestions .
President Armstrong referred to a future pool in the proposal
and stated if approved by the Board, he would assume a pool
was in that location. Mr. Hillman agreed.
Mr. Seaberg began review of his report dated February 27, 1974 ,
Items 1 and 3, under Sanitary Sewer System, referred to the
number of manholes and their location. He noted this project
is laid out so that most utilities are in the green area.
Mr. Seaberg requested, if the utilities stay there, some of the
manholes should be located close to the streets so public equip-
ment can get to the manholes to service them when necessary.
Mr. Fielding, Chesterfield Engineer, stated they have given a
detailed analysis of their sewer system as to location of manholes
and felt a change now would be a major revision.
Mr. Larson stated Mr. Chuck McCoy, Director of Public Works ,
recommended these facilities be located in the front yards
instead of rear yards to minimize the future Village maintenance
expenses .
�-- Mr. Seaberg stated the original plan was only a preliminary plan
and should not be treated as a final plan. Mr. Fielding stated
that a change in the manhole locations would cost them an
additional $7, 000.
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Mr. Fielding referred to Ordinances No. 72-27 and No. 72-26,
and stated these were the only two ordinances adopted since the
1969 approval of the Annexation Agreement applicable to this
property. Mr. Raysa stated the Village is bound by the pro-
- visions of the Pre-Anenxation Agreement. For that reason,
President Armstrong stated Item 4, regarding T.V. inspections
on sanitary sewers would be deleted, and Item 5 regarding off-
site sewers has been resolved.
After discussion, it was determined that all streets in the
development will be private.
Because there were many unresolved engineering matters, President
Armstrong suggested that Mr. Seaberg and Mr. Fielding meet to
resolve the problems and return to the Board next week.
Trustee Bach requested a copy of the final plat approval and
a copy of Plan Commission minutes regarding final plat approval
for review before next week 's meeting.
Ordinance No. 74-5
President Armstrong read Ordinance No. 74-5 , an ordinance grant-
ing a height variation for the sixth building within Cambridge
on the Lake. Trustee Shirley moved to approve Ordinance No. 74-5.
Trustee Mahoney secondea the motion, and a voice vote found the
following:
AYES: Trustees Shirley, Osmon, Mahoney, Driscoll
NAYES: Trustee Rech
ABSENT: Trustee Rathjen
The motion carried.
Annual Audit
Trustee Shirley moved to approve the proposal of Peat, Marwick,
Mitchell & Company to conduct an audit for the fiscal year ending
April 30 , 1974. 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.
Trustee Shirley moved to adjourn to executive session to discuss
land acquisition and personnel . Trustee Driscoll seconded the
motion, and upon a voice vote, the motion passed unanimously.
1
Time: 11: 40 P.M.
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Respectfully submitted,
age e Clerk
`.J Pass-- -nd ed this day of- `�= � , 1974
AP"
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