1974-07-15 - Village Board Regular Meeting - Minutes 3964
7/15/74
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
i--os OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,
HELD MONDAY, JULY 15, 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, Rathjen, Mahoney, Rech
Trustee Driscoll arrived at 9:00 P.M.
Also present were: Daniel Larson, Village Manager; Arnold Seaberg, Village
Engineer; Richard Raysa, Village Attorney; and Charles McCoy, Director of
Public Works.
1 . Minutes of July 8, 1974
Trustee Osmon moved to approve the minutes of July 8, 1974, as submitted.
Trustee Shirley seconded the motion. Trustee Mahoney referred to page 3962,
under"Special Census", and stated that the record should show that there is
no limit to the number of census requested by the Village within a ten year
period. The Clerk called the roll and found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech
NAYES: None
ABSENT: Trustee Driscoll
The motion carried with addition noted.
2. Village Manaser's Report
Mr. Larson reviewed the Summary of Administrative Activities for the month
of June, 1974.
Trustee Osmon requested that the Emmerich Park parking lot be swept. Mr.
Larson stated the sweeper is in need of repair.
Trustee Osmon also noted the area between the sidewalk and the street at the
Twin Groves School has not been sodded and the gutters are full of dirt,
thereby clogging sewers. Mr. Larson stated he would look into the matter.
Mr. Robert Bogrt, 930 Plum Grove Circle stated a similar situation is
l occuring at the construction site of Cooper Junior High School .
�•/ 3. Committee Reports
Finance Committee
Trustee Shirley stated the financial position of the Village is such that
the Finance Committee feels that Tax Anticipation Warrants should be taken
�... out. Trustee Shirley moved to direct the attorney to prepare the ordinances
for the issuance of Tax Anticipation Warrant, in the amount not to exceed
$140,000, and that such ordinance be prepared for discussion and passage at
next week's Board meeting. Trustee Mahoney seconded the motion. Trustee
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Osmon reviewed his feelings of previous discussions on Tax Anticipation
Warrants, and noted that the Public Works Department hired seven part-time
�-- people, and felt this additional increase should not have been spent at this
time. Trustee Shirley stated part-time help as presented in the Budget was
cut back, and the possibility of Tax Anticipation Warrants was discussed at
the budget hearing. He said the problem lies with the Lake County Taxing
situation , and with Cook County being one to two months late with their next
l , installment. In addition, he stated the strike has caused delay in construc-
tion, thus reducing the amount of money anticipated from building fees.
Trustee Rech noted the Cook County taxes will not be received until after
September 20. The Clerk called the roll and found the following:
AYES: Trustees Shirley, Rathjen, Mahoney, Rech
NAYES: Trustee Osmon
ABSENT: Trustee Driscoll
The motion carried.
Recycling
Trustee Rech reported that as requested at last week's meeting, she had
contacted Mr. Raupp of Buffalo Grove Disposal and he had no written material
regarding mandatory recycling as discussed at a meeting he attended in Houston.
4. Committee of the Whole
1
College of Lake County
Mr. Larson reviewed his report of July 10, 1974, and noted the residents of
School District #125 have only two options available to change the recent
decision of the Illinois Community College Board to place School District #125
in the College of Lake County boundaries. He noted the first option is to
submit a petition bearing the signatures of 50 persons living in Stevenson
High School District asking for an affirmative referendum on the recent
question whether or not Stevenson High School , District #125 should be
included within the College of Lake County. The second alternative allows
for a portion of School District #125 that is contiguous to another community
college district to disconnect from the College of Lake County and voluntarily
annex to Harper Junior College. Mr. Larson stated the action taken by the
Illinois Community College Board takes effect August 1 , 1974, and after that
date nothing can be done.
Trustee Mahoney stated that basically there is nothing the Village can do
that appears in the State Statutes that would give people an opportunity to
vote themselves into the Harper District and the only two alternatives are
that there be a referendum throughout the District on whether the School
District should go into College of Lake County District and would need a
50. 1% approval ; or split off Buffalo Grove Lake County and put it into
Harper, which requires a petition signed by two thirds of the registered
voters. He felt the second alternative was not a practical solution, and
felt the best thing the Village can do at this point is to extend technical
`.. information and cooperation to Stevenson residents who are seeking to promote
a referendum throughout the District.
In reply to a question from Audrey Johnson, 907 Alden Lane, Trustee Mahoney
stated that he had been advised at the public hearing that students already
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7/15/74
enrolled in Harper will be accommodated and allowed to finish at Harper,
�.. but final decision would be up to the College Board.
Trustee Driscoll arrived at this time.
Trustee Mahoney moved to direct the Village staff to accumulate the specifics
they have available and be ready to discuss with residents of the Village who
might be interested in circulating petitions, and that the Village Staff
contact and advise the availability of this information to any citizen who
has contacted the Village, and extend whatever reasonable cooperation to
these people, slaking it clear the Village is giving them the information as
told by the Junior College authorities. Trustee Rathjen seconded the motion.
Trustee Shirley stated he would rather the Village take a positive stand.rn. '
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✓ to that effect. The Clerk called the roll and found the following:
AYES: Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: Trustee Shirley
The motion carried.
Agreement to Purchase Golf Course
President Armstrong read the proposed Installment Contract Agreement for the
�... purchase of the Buffalo Grove Golf Course located on Lake-Cook Road.
Trustee Osmon questioned what amount of real estate tax loss there would be
to the Village by the purchase of the Golf Course. Mr. Larson stated the
sales taxes would remain the same for the sale of food and pro shop items.
The real estate tax is approximately $18,000 and of that amount approximately
80% is for the School Districts, approximately 4% to 6% for the Village, and
the remaining for other taxing agencies in Lake County.
In reply to a question by Trustee Osmon, President Armstrong stated the
Phoenix rezoning could be contingent upon receipt of a certified audit of
the golf course that is substantially in conformance with the financial data
given the Village previously. Trustee Osmon stated he felt the audit should
be received prior to making a motion of any sort.
Trustee Osmon questioned what protection the Village has due to loss of
possible revenue in the event the construction of the retention pond would
impede the play of the course. Trustee Rathjen suggested that on page five
after the words "off-season" the dates October 15, 1974, to April 1 , 1975,
be inserted in order to limit construction time.
Trustee Osmon requested that on page 8, item 7, line 12, after the word
"upon", insert "written request".
Trustee Osmon referred to page 7, item 3, regarding "Inventory marked
�... Exhibit C" and asked for Exhibit C. President Armstrong stated he did not
have same and suggested the agreement could be accepted subject to the
receipt of the exhibit.
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Trustee Rech questioned what other avenues were open to preserve the golf
course without the Village purchasing it. Mr. Raysa stated it could be
condemned. Trustee Rech questioned if the golf course could be declared
a special use by the Village and then preserved in that manner. Mr. Raysa
stated he did not think you could tell the owner of the golf course that he
must retain the property as a golf course forever.
1s/ Trustee Rech questioned if the trust data has been released. Mr. Raysa
stated it has.
Trustee Rech questioned if the golf course would be included in the special
sewer taxing district. Mr. Larson stated the special assessment would not
pertain to the golf course.
Trustee Rech referred to item 5 on page 8 and asked if a mechanic's lien
is determined by a court ruling. Mr. Raysa stated it is. Trustee Rech
asked if there could be a change in verbage so that the Village would not
assume liability for a mechanic's lien until such time as it is proven.
Mr. Raysa stated there could not.
In reply to a question from Trustee Shirley, Mr. Raysa stated if the Village
takes possession on October 1 , 1974, the inventory of merchandise should be
taken then.
�... Trustee Shirley stated the ability to act upon this agreement is limited to
the extent that the Village does not have current financial data to evaluate
the current position of the golf course financially upon which to project its
total future possibilities. He questioned if it would not be wise to stipulate
in the agreement that this agreement is contingent upon receipt of a certified
audit and set a due date. Mr. Raysa stated the Phoenix zoning could be con-
tingent upon receiving the two certified audits and the effective date of
zoning would be the date those two audits are received. Mr. Jack Siegel ,
attorney for Phoenix, suggested that the zoning ordinance not be recorded
until the audit is received and reviewed. He noted that his client did not
want the PUD if the Village did not acquire the golf course. Trustee Rech
questioned Mr. Raysa, if in his opinion, this matter would constitute contract
zoning. Mr. Raysa stated it did not.
10:35 P.M. - The President declared a recess.
10:55 P.M. - The meeting resumed.
President Armstrong read additional Paragraph 23 of the agreement, as
prepared by the Village Attorney during the recess, as follows:
"23. On or before September 30, 1974, the Seller shall furnish the Purchaser
with certified audits of the golf course for the years 1972 and 1973, and
auditor's comments with respect to current year operation through July 31 ,
1974. In the event said matters are not furnished, the Purchaser on or
1.... before said date shall have the option to declare this Agreement null and
void on written notice to Seller. Upon delivery of said material prior to
the aforesaid date, the Purchaser shall have 30 days from date of delivery
to examine same and if found to be unsatisfactory shall have the option to
declare the Agreement null and void via written notice to Seller."
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Trustee Osmon moved to approve the Installment Contract Agreement for the
purchase of the Buffalo Grove Golf Course including Paragraph 23, including
the addition of "between October 15, 1974, and April 15, 1975, during" at
the bottom of page 5, and including the words "upon written request" after
"reasonable thaes" in the second sentence of Section 7 (page 8) , and con-
tingent upon receipt of the Exhibits and title report. Trustee Driscoll
seconded the motion, and a roll call vote found the following:
�•/ AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
Ordinance #74-22
President Armstrong read Ordinance #74-22, an ordinance rezoning certain
property around the Buffalo Grove Golf Course from R-1 Single Family
Residence District to the R-9 Multiple Family Dwelling District and certain
property along Route 83 north of Busch Road from the R-1 Single Family
Residence District to the R-9 Multiple Family Dwelling District and providing
for a Planned Development on each property, also providing for the donation
of property to the Village and for donations to the elementary School Districts.
Trustee Osmon moved to approve Ordinance #74-22. Trustee Mahoney seconded the
motion.
During the discussion the following changes were made to the ordinance:
1 . Section 2, second sentence to read "Said planned development shall
consist of 849 multiple-family dwelling units which shall be sold as
condominiums unless the Village approves rentals."
2. Section 4, third sentence to read "Said townhouse units may be sold
as condominiums or rented subject to Village Board approval ."
3. Section 5 A to read "The developer will pay to the Village for the
benefit of the school districts the total sum of One Hundred Three
Thousand Dollars ($103,000) in accordance with the resolutions and
policy of the Village of Buffalo Grove respecting donations by developers
in connection with developments within the Village. Said financial
contribution will satisfy all requirements for donations or land dedication,
except as hereinafter set forth. Said cash donation shall be made to the
Village for the use of the school districts based upon issuance of
�./ building permits."
4. Section 5 D, third sentence, to read "Construction shall take place
between October 15 and April 1 so as not to interfer with the golf
season. " Fourth sentence, delete the word "route".
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5. Section 5 E to read "All construction on the planned developments as herein
approved shall conform with the ordinances and standards of the Village of
Buffalo Grove, except as said ordinances and standards are modified by the
terms of this ordinance. Said standards are attached as Exhibit C."
6. Section 5 F 2 to read "Curbs and gutters will be installed in all four tracts
with sidewalks along all roads and drive lanes, including interior roads."
7. Section 7 to read "This ordinance shall be in full force and effect from and
after its passage, approval , publication and recording by the appropriate
recorder's office in Lake and Cook Counties in the manner provided by law."
LI
In response to a question from Trustee Rathjen, Mr. Siegel stated he was not
aware of the proposed special sewer taxing district.
Trustee Rech questioned if the area in question is still legally annexed to the
Village in light of the fact the annexation agreement had expired. Mr. Raysa
stated that it is.
A roll call vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen , Mahoney, Driscoll
NAPES: Trustee Rech
The motion carried.
Wheeling Fire Protection District Agreement
Trustee Shirley read the proposed agreement with the Wheeling Rural Fire
Protection District regarding fire protection services in Buffalo Grove.
Trustee Osmon moved to approve the agreement. Trustee Driscoll seconded
the motion.
At the request of Trustee Osmon, item 5, line 4, was changed to "the District
for fire protection purposes".
Trustee Rech questioned item #1 as to why the Village should perform the
referendum. Mr. Ryan, attorney for Wheeling Rural Fire Protection District,
stated that the referendum is to the Village's advantage because it is the
first step to having the Village in one district.
Trustee Mahoney stated he preferred a three party agreement between the Village, the
Wheeling Riral Fire Protection District, and the Buffalo Grove Fire Protection
Company, instead of separate agreements.
A roll call vote found the following:
AYES: Trustees Osmon , Rathjen, Driscoll
NAYES: Trustees Shirley, Mahoney, Rech , President Armstrong
The motion was defeated.
It should be noted that after the vote of the Board, upon additional discussion
by Mr. Mahoney about a single three way contract , Trustee Rech changed her vote
and compelled President Armstrong to break the tie defeating the motion to
approve.
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President Armstrong requested Mr. Ryan to prepare a three party agreement
y--� to be considered at next week's board meeting.
Buffalo Grove Fire Station
Mr. James Ryan, attorney for Wheeling Rural Fire Protection District,
presented the final plat for the fire station on Dundee Road for approval .
He stated when they met with the Plan Commission they approved subject to:
1 . Putting the building set back line on the plat of subdivision.
2. Letter stating that permanent monuments will be placed at all corners
of the property and at all points of tangency of curved lines along
the boundaries of subdivision.
3. Approval by the Plan Commission Secretary along with the Chairman.
He noted that they had complied with all three requests.
Trustee Mahoney moved to approve the Final Plat of Subdivision as submitted.
Trustee Osmon seconded the motion.
In reply to a question from Trustee Rech, Mr. Patrick Shields of the Plan
Commission stated that the Plan Commission gave unanimous approval with one
abstention being Mr. Goldspiel .
In reply to a question from Trustee Rech, Mr. Seaberg, Village Engineer,
.... stated he saw no problem with easements that have not been granted thus
far; they are waiting on the Village for the sanitary sewers and water mains,
but there could be a separate plat of easement. Mr. Seaberg stated he gave
Mr. Larson a letter of final engineering approval today. The Clerk called
the roll and found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
5. Questions from the Audience
Dundee Road Median Strip
Mr. Burton Harris stated in view of the stand taken by the Chamber of
Commerce on the median strip on Dundee Road, he would like to formally
launch a petition campaign by requesting the President and members of the
Board to sign the petition which he intends to present to the State requesting
the median strip be planted. Mr. Larson stated members of the Homeowners
Association of Cambridge-on-the-Lake would also like to present petitions.
Trustee Rathjen questioned if the cost for the median strip had been
1 determined. It was stated that costs have not been determined.
L Nichols Road Detour
Trustee Shirley stated the Nichols Road detour for Arlington Heights Road
needsrepair again and requested Mr. Larson to request the proper agency to
do so.
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Arlington Heights Road
Mr. Robert Bogart stated he damaged a tire on Arlington Heights Road north
of Route 83 and requested the ruts in the road be repaired.
Dundee Road Median Strip
Mrs . Dorothy Berth stated she had received inquiries from citizens who would
like to write to someone stating they favor the planted median and requested
an address. Mr. Larson provided her with the address.
There being no further business to conduct, Trustee Driscoll moved to adjourn.
Trustee Osmon seconded the motion and upon a voice vote the motion passed
unanimously.
Time: 12: 10 A.M.
Respectfully submitted,
d.°170r.
S Ole 504...p,
Village Clerk
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PASSEO/AND APP7,0Vaithis day of ( _ , 1974.
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