1973-11-05 - Village Board Regular Meeting - Minutes 2904
11/5/73
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, HELD MONDAY, NOVEMBER 5 , 1973 , AT THE MUNICIPAL
BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS
President Armstrong called the meeting to order at approximately
8 : 14 P.M. Those present stood and recited the Pledge of
Allegiance to the Flag.
In the absence of the Clerk, President Armstrong appointed
Karen Fergadis Clerk Pro Tem. Trustee Osmon made a motion
to that effect which was seconded by Trustee Driscoll. The
motion passed unanimously.
The Clerk called the roll and found the following present:
President Armstrong; Trustees Osmon, Rathjen, Mahoney, Rech
and Driscoll.
Trustee Shirley attended the latter half of the meeting.
Also present were Daniel Larson, Village Manager; Richard Raysa,
Village Attorney; Arnold Seaberg, Village Engineer; and William
Balling, Administrative Assistant.
1. Minutes of October 22, 1973.
Trustee Mahoney moved the minutes of October 22 , 1973 , be
approved as submitted. Trustee Rech seconded the motion. A
voice vote indicated that the motion passed unanimously.
2 . Warrant #275
President Armstrong stated that consideration of Warrant #275
be deferred until Trustee Shirley had arrived.
3. President' s Report
President Armstrong read the Proclamation designating the
week of November 4 to November 10 , 1973 , as LAW ENFORCEMENT
WEEK in conjunction with the Chicago Crime Commission' s
sponsoring during that week of its Ninth Annual Chicagoland
Law Enforcement week the purpose of which is to stimulate all
citizens to realize their responsibility to help in the fight
against crime and lawlessness. Trustee Osmon moved that the
Board concur with this designation. Trustee Driscoll seconded.
The motion passed unanimously.
President Armstrong stated that at a meeting with Levitt and
Sons and representatives of Long Grove, it was indicated that
a joint committee would be formed to discuss the road main-
tenance and road construction on Arlington Heights Road. He
said that he would like to appoint Trustee Shirley, Village
Manager Dan Larson, and Village Engineer Arnold Seaberg to
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that committee and have them meet with a like committee of
Long Grove.
Regarding the meeting on October 27 , 1973 , with representatives
of Browning Ferris regarding a potential land fill site, Presi-
dent Armstrong stated that he would like to appoint a committee
to review literature which had been received that Saturday
morning and to prepare questions for reply by Mr. Goodwin of
Browning and Ferris .
President Armstrong then appointed the following committee :
Mr. Donald Schindler of the Board of Health, Dr. Saidel, Trustee
Rech, Mr. Dame of the Environmental Control Committee, Mr.
Eugene Muryn of the Park District, and Pat Shields of the Plan
Commission. Trustee Rech was asked to Chair the committee; she
agreeing to do so.
President Armstrong reported that Levitt and Sons had indicated
its willingness to donate their sales office to the Village of
Buffalo Grove for public use. Since then, he said, he had
received a letter from the Park District indicating their desire
to use the facility on their Raupp Memorial Site and use it as
part of the Memorial in co-ordination with the Buffalo Grove
Historical Society. President Armstrong said the expense of
moving the building would be the Park District' s and that the
Village would return the land to a level area suitable for
�... planting or sodding. He said Mr. Craig of Levitt said the
building would be available in early spring.
President Armstrong went on to say that the deed from Levitt
and Sons for the five acre park site at Penny Lane School has
been received and recorded. He thanked Levitt and Sons on
behalf of the Village for their donation. President Armstrong
stated that he believes it is the Village Board' s intention
to transfer the property to the Park District to be developed
as a park site in conjunction with the school site. This
matter will be discussed at a later date.
4. Standing Committee Reports
Trustee Rech announced the addition of Karen Soucy to the
Flood Control Committee and said she was certain Mrs. Soucy
had much to offer the Committee. Trustee Rech also said the
Community Services Commission had met on Friday, October 19
and that they are thinking about several community projects .
President Armstrong asked for minutes of the meetings. He
also requested minutes for all committees when meetings are
held.
Trustee Osmon reported regarding the Blue Ribbon Committee
concerned with acquisition of park area in Mill Creek that he
had conveyed the feelings of the committee to Mr. Moskal of
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Miller Builders. Trustee Osmon said he would be meeting with
Mr. Moskal to get Miller Builders reactions to the request.
�--- Also, Trustee Osmon stated that the Fire Study had a revised
draft of recommendations which would be distributed to the
Board in agendas on Wednesday. Finally, Trustee Osmon reported
that he had been honored to act as professor of Political Science
at Harper College to explain actions and functions of Village
government.
5. Committee of the Whole
Buffalo Grove United Fund
Mrs. Barbara Smart addressed the Board as the Buffalo Grove
United Fund representative. She distributed literature and
briefly described how United Fund has served Buffalo Grove.
She also noted that the United Fund had not received govern-
ment monies in the past. She hoped this situation would be
corrected. Discussion followed. Trustee Osmon made a motion
to appropriate $2 ,000 for United Fund. The motion was withdrawn
when there was no second. Attorney Raysa said there is no
statutory authority that permits the Village to contribute
to charitable organizations. Trustee Mahoney said citizens
contribute to United Fund directly through place of employment;
also citizens may object to use of their tax money for a
particular charity. Trustee Rathjen suggested that Mr. Larson
1._. be asked to review the matter and give a report regarding
availability of money since contribution can be to the middle
of December. There was agreement with this suggestion and
President Armstrong told Mrs. Smart she would be notified as
to the date when matter would be before the Board probably in
two weeks.
Irving Federal Savings & Loan Association Sign
Mr. Dean Miller of the Nu-Lite Sign Company showed a rendering
of the sign to be used on the office located in the Ranch Mart
Shopping Plaza. President Armstrong reviewed for the Board
the fact that the only concern is the flashing light portion.
The Appearance Commission rejected this portion of the sign
while the Zoning Board of Appeals gave unanimous approval with
the flashing time and temperature. Some discussion followed
regarding the five second change of the time and temperature
lighted portion. Trustee Osmon made a motion, based on the
Zoning Board' s approval, to approve the sign in its entirety.
Trustee Mahoney seconded. A roll call vote found all in favor
and the motion passed.
Mill Creek Bus Service - Metron Systems
{ Mr. Claude G. Luisada of Metron Systems appeared before the
�.- Board to request permission to service the Mill Creek Sub-
division. He said that Metron would want an exclusive franchise
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for an initial period of six months and that his letter to
Mr. Larson making this request was based on a conversation
with Trustee Rathjen of last summer. Also, he stated that
part of the equipment he is operating is owned by the Village
of Arlington Heights and he must also have their approval.
Trustee Rathjen stated that he felt he had given the wrong
impression to Mr. Luisada when the matter came up originally.
Trustee Rathjen said that he did indicate he would like to pursue
the matter but wanted to do so through the Transportation
Committee. Trustee Rathjen then made a motion that the matter
be directed to the Transportation Committee with Mr. Luisada
presenting as many of the specifics as possible to them, this
followed by a recommendation to the Board. Trustee Osmon
seconded. A voice vote found unanimous agreement and the
motion passed. Attorney Raysa said he advised that the
request be presented in the form of a franchise agreement
listing rates, extent of services and time of service.
Business Yard Requirements
The Board reviewed the proposed changes in setback requirements
for the commercial sections of the Zoning Ordinance as recommended
by the Plan Commission, the new setback requirements having been
formulated by Stan Haarr and a Plan Commission committee. Mr.
Haarr informed the Board that the commercial developers then
working in the Village were invited to attend the public hearing
on September 19 , 1973 , to consider the changes; however, only
two attended, Mr. Brosio and Mr. Rodeck.
Mr. Haarr said that as it stands now in the Ordinance, B-1 and
B-2 have no front yard requirements which displeases the Plan
Commission. They have tried, he said, to come up with some-
thing where the Village will get a green area in front of
commercial developments and still not make it unrealistic for
developers to develop it. Mr. Haarr said that their recommenda-
tions were strongly influenced by discussions regarding Lieberman' s
annexation which was taking place when these ordinances were
being developed. The other point covered, Mr. Haarr said, is
transitional yards . He said they would like to see a perimeter
around property to buffer the people in residential districts
whether they be R-1 or R-9 . The current ordinance provides
buffer areas through R-6 only.
There was lengthy discussion regarding the six foot screen
required for the buffer strip along B-1 boundary which abuts
any residential district. There was general agreement that
flexibility regarding the screen should be allowed; a living
screen or a fence. Discussion regarding front yard setback
i4 stemmed from the Board' s desire to avoid discouraging commercial
property developers. There was also discussion about whether
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the buffer strip should be on adjacent residential as opposed
�-' to commercial property. Mr. Seaberg felt the resident could
care for the area if it were on residential property. Mr. Haarr
said it was difficult to require someone in residential district
to give up property for someone else. It was also noted that
where the commercial and residential properties were under one
ownership; the location of the buffer would be decided when the
plans for the property were presented to the Plan Commission
and Village Board. The point was raised that each specific
occurrence cannot be covered by an Ordinance but rather it
must cover general cases - there is a 1/3 variation in the
ordinances.
President Armstrong then proceeded to poll the Board on each item.
A poll taken regarding acceptance of 2 . 6 under Article XI found
the following: Trustees Osmon, Mahoney, Rech and Driscoll in
favor with Trustee Rathjen opposed. Regarding 2 .7 and 3. 6 which
is same but refers to B-2 , a poll to indicate acceptance with
rewording to include possibility of fence (stockade or cyclone)
but with emphasis on living fence found approval although
qualified approval on Trustee Rathjen' s part. The remaining
points met with no objections.
Trustee Rech moved that these ordinance changes be directed to
the Village Attorney for preparation for final adoption by the
Board with the only change being in 2 . 7 , 3 . 6 , 4. 1-9 j , and 6 . 7 ,
where it should include mention of a fence as an option with
emphasis being placed on a living fence. Trustee Osmon seconded.
A roll call vote found: Trustees Osmon, Mahoney, Rech and
Driscoll in agreement with Trustee Rathjen opposed. The motion
carried.
Navajo Trail Drainage
Mr. Seaberg informed the Board that a number of concrete
contractors had been contacted in an attempt to get bids for
the Navajo Trail Relief Swale. One contractor has submitted a
proposal, Drew Construction, and Mr. Seaberg recommended that
his proposal be accepted because of approaching cold weather
and a reasonable cost of $2 , 695 which coincides with his estimate.
Also, Mr. Seaberg recommended that the contractor do all work
except final restoration which might have to wait until spring.
The work would take two to three days.
Trustee Rathjen moved that the Board accept Proposal A as
submitted by Arnold Seaberg which calls for the Drew Construction
Company to perform the entire work as shown on attached drawings .
Trustee Osmon seconded. A roll call vote found unanimous approval
and the motion carried.
Mr. Seaberg said the easement papers are ready to be executed
and filed.
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Strathmore Grove Drainage
President Armstrong stated that it is Mr. Raysa' s opinion
that it is within the Village power to condemn land for drainage
outside of their corporate limits as was discussed two weeks
ago with regard to Levitt and Sons and their Strathmore project.
Mr. Raysa said he felt the Village may be faced with a lawsuit
if they initiated this action.
Mr. Brandwein of Levitt displayed a natural water shed map
indicating where the drainage ditch now exists in relation to
the Koelper-DeMuth property. Mr. Brandwein pointed out the
natural flow of water across what is now Edmonds property, but
which was to be sold. (Trustee Shirley entered the meeting
at this time) The next property is owned by Mr. George Everett
who Mr. Brandwein said he had not been able to contact. There-
fore, he said he felt condemnation was essential for the drainage
of the area.
Mr. Raysa stated that if there is a change in the water shed,
then there is a problem as to condemnation and what Mr. Brandwein
had just shown was the natural drainage of the area. Mr. Brand-
wein explained that they desired a change in the condition of
rather than in the actual water shed. At present, parcels of
12 acres, 9 and 18 acres each drain on separate water courses.
They wish to eliminate three small puddle ponds and run all the
water from the three parcels to one water course bringing about
a low flow running across the property.
Lengthy discussion followed regarding the desirability of
bringing suit, who would bear the costs, what alternatives
exist, and whether or not every effort had been made to settle
this out of court. Trustee Mahoney felt the lawsuit would be
possible if Levitt would stand ready to reimburse the Village
for legal fees and any other fees. Trustee Rathjen stated that
he was not in favor of involvement in a lawsuit. President
Armstrong said he would be happy to attend a meeting with the
property owners involved and Levitt to attempt to reach a
settlement. As discussion proceeded, it became clear that the
Board favored negotiation rather than litigation; especially in
view of the fact that all attempts at negotiation had not been
made. Mr. Raysa said he did not think the Village ever planned
to file suit or condemnation proceedings when it said it would
help Levitt with drainage problems in the annexation discussions.
Two alternatives that emerged were going through the Link
property to the East or three small retention ponds rather than
one large one. Or levitt could go to court and show that the
} property owner would benefit even though he is getting 50 acres
of drainage instead of 18 , Mr. Seaberg pointed out. Debate
over the issue of litigation continuted for some time. President
Armstrong pointed out the preference of the Board for negotiation
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and stated that at this point, he would leave it at the
;L.. egotiation stage, he having offered his services in any way
that would be helpful.
President Armstrong then recessed the meeting for ten minutes.
The meeting resumed at 10 :40 P.M.
Buffalo Grove Jaycees
President Armstrong read a letter to Mr. Richard Guttman,
President of the Buffalo Grove Jaycees , from the Community
Services Commission commending them for the Haunted House
project which provided an acceptable, supervised, and safe
outlet for Halloween fun enjoyed by citizens of all ages.
Tahoe Drainage
The Flood Control Committee ' s report (Trustee Rech) of the
storm water facilities in the Tahoe Development was reviewed.
After a report from Arnold Seaberg on the status of drainage
facilities in the area, lengthy discussion followed as to what
should be done to assure the Village that the Tahoe basin would
do what it was originally represented as doing. Mr. Raysa said
j j that on November 7 he would tell the court it appears the
facility will not do what it is designed to do and that he
wants additional engineering information on the designed water
shed. Trustee Osmon asked Mr. Raysa to ask Judge Cavelli to
subpoena the records if they are not available by Wednesday,
November 7 . Mr. Raysa said he can ask the court to order Tahoe
to hold up further construction until it proved that the basin
will do what it is supposed to do. Mr. Seaberg pointed out
that Wheeling and MSD approved the plan without Buffalo Grove
review and the Village has reason to believe the basin will not
alleviate conditions in Cambridge when there is anything other
than an average rain.
President Armstrongmoved that Mr. Raysa ask the judge to enjoin
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further construction until the questions of Buffalo Grove can
be resolved as they are upset and deeply concerned about the
matter. Trustee Rathjen seconded. A voice vote found all in
favor. The motion carried.
Ordinance No. 73-47
President Armstrong read Ordinance No. 73-47 , an Ordinance
Approving an Amendment to an Annexation Agreement with Levitt
Residential Communities. Trustee Osmon moved Ordinance No.
} 73-47 be adopted as read. Trustee Driscoll seconded and a
voice vote found the following:
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AYES: Trustees Shirley, Osmon, Mahoney, Rech and Driscoll
NAYES: Trustee Rathjen
The motion carried.
Ordinance Approving Appearance Plan
President Armstrong stated that we will defer Item (i) on
the agenda.
Ordinance No. 73-48
President Armstrong read Ordinance No. 73-48 , an Ordinance
Repealing Ordinance 73-7 and providing for the Chairman of the
Plan Commission to vote only in the event of a tie. Trustee
Osmon moved Ordinance No. 73-48 be adopted as read. Trustee
Rech seconded. A voice vote found the following:
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
After discussion and questions from Trustee Osmon, it was
"decided to add "holding office" after "A majority of the Plan
Commission" , the first line of Section 3 .
Ordinance No. 73-49
President Armstrong read Ordinance No. 73-49 , an Ordinance
Regulating Parking on Bernard Drive from Lincoln Terrace to
Alcott School, and providing for a stop sign at Stillwell at
Raupp Blvd. and at Hiawatha at Bernard Drive. Trustee Osmon
moved Ordinance No. 73-49 be adopted as read. Trustee Rech
seconded. A roll call vote found the following:
AYES : Trustees Shirley, Osmon, Mahoney, Rathjen, Rech, Driscoll
NAYES: None
The motion carried.
Mr. Raysa noted that 5 :24 would read "No Construction Trucks"
traffic signs shall be installed
Ordinance No. 73-50
Trustee Shirley read Ordinance No. 73-50 , an ordinance
regulating and licensing the Burglar and Fire Alarm Business.
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Village Manager Dan Larson explained that the number of home
burglar and fire alarm devices which when activated will call
directly into the Village makes this ordinance necessary. It
is to head off any problem caused by a malfunction or too many
calls tying up the Village lines. A businessman in the audience,
Mr. Art Sager, who deals in fire alarms pursued discussion of
dialer lines and a special board for the Village. President
Armstrong suggested that Mr. Sager meet with the Fire Chief
and Mr. Larson at a later date to discuss the matter in detail.
Trustee Osmon moved to table Ordinance No. 73-50. Trustee Shirley
seconded. A roll call vote found the following:
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES : None
The motion carried.
Ordinance No. 73-45
Trustee Osmon made a motion to remove Ordinance No. 73-45 from
table. Trustee Shirley seconded. The motion passed unanimously
by voice vote. It was noted that Village Attorney Raysa was to
review this ordinance. Section 12 was rewritten and read at this
time. Trustee Shirley made a motion to adopt Ordinance No. 73-45
amending Ordinance No. 62-11 granting Illinois Bell Telephone
Company certain rights in the Village. Trustee Osmon seconded.
A roll call vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES : None
The motion passed.
Ordinance No. 73-51
President Armstrong read Ordinance No. 73-51, an ordinance
revising salaries of the Village President and Board of Trustees.
Trustee Osmon moved Ordinance No. 73-51 be adopted as read.
Trustee Driscoll seconded.
It was decided to amend the Ordinance to read "Two absences
for vacation purposes" .
A roll call vote found the following:
AYES: Trustees Osmon, Rathjen, and Driscoll
NAYES : Trustees Shirley, Mahoney and Rech
President Armstrong voted AYE to break the tie.
The motion carried.
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Ordinance No. 73-52
President Armstrong read Ordinance No. 73-52 , an Ordinance
Amending the Building Code revising the Village Plumbing Fees.
Trustee Osmon moved that the Ordinance be adopted as read.
Trustee Driscoll seconded the motion.
Discussion led to question relative to sprinkler system - lawn
or fire. Trustee Osmon amended his motion to adopt Ordinance
No. 73-52 with addition of "Fire" before "Sprinkler System"
and to have the Community Development Department set the fee
for lawn sprinkler inspection. A roll call vote found the
following:
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
Mr. Raysa requested that the word "Section" in line two of
Section I be changed to read "Article" .
Hank Property
President Armstrong asked for a motion to direct this matter
of annexation of certain property on Milwaukee Avenue to the
Plan Commission for their consideration. He stated that the
petitioner was not present at the meeting. Trustee Shirley
so moved. Trustee Driscoll seconded. The motion passed
unanimously.
Warrant #275
Trustee Shirley read Warrant #275 as corrected. He moved that
it be approved as corrected. Trustee Osmon seconded. A roll
call vote found the following:
g
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
Motion passed.
Aspen Ditch
Trustee Rech asked for a status report on the Aspen Ditch.
Mr. Seaberg stated that he had met with Levitt field engineer.
A lot of work is remaining by laboring personnel. He stated
that he has had many meetings with adjacent property owners.
Levitt is committed to do immediately. President Armstrong
asked that if they don't begin in a day or so that he be notified.
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Ms. Dorothy Berth, a citizen of Buffalo Grove , publicly thanked
Dan Larson and Chief Walsh for speedily acting on removal of
dangerous brick walls up at the entrance at Bernard and Arlington
Heights Road.
There being no questions from the audience , Trustee Osmon moved
the meeting adjourn. Trustee Mahoney seconded the motion and
a voice vote found the following:
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
Time: 12 : 01 A. M.
Respectfully submitted,
-4"ek-t&r-t-7
Clerk Pro Tee
APPROVED th' / - day of J/p jy}te,6 1j , 1973 .
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