1973-11-19 - Village Board Regular Meeting - Minutes 2924
11/19/73
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 19 , 1973, AT THE MUNICIPAL
BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS.
President Armstrong called the meeting to order at approximately
8 :10 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 Shirley. The
motion passed unanimously.
The Clerk called the roll and found all members present:
President Armstrong; Trustees Shirley, Osmon, Rathjen, Rech,
Mahoney and Driscoll.
Also present were Dan Larson, Village Manager; Richard Raysa
Village Attorney; and William Balling, Administrative Assistant.
1. Minutes of November 13 , 1973
Trustee Mahoney moved the minutes of November 13 , 1973 , be
approved as submitted. Trustee Driscoll seconded the motion.
A roll call vote found the following:
AYES : Trustees Shirley, Mahoney, Rech and Driscoll
ABSTAIN: Trustees Osmon and Rathjen
NAYES: None
The motion carried.
2 . Approval of Warrant #276
Trustee Shirley stated that there was a reclassification of
one item and that he would read the Warrant as corrected. The
following are the corrections : Under General Fund, General
Government ,corrected to $2 , 981.64 , Building and Grounds corrected
to $675. 38 for a corrected total General Fund of $39 ,164 . 02 .
Under Water Fund, Water Operating corrected to $10, 657. 67 for
a total Water Fund of $21, 078 . 24 .
Trustee Shirley moved the Warrant #276 be approved as corrected
and submitted. Trustee Mahoney seconded.
Trustee Rathjen asked for an explanation of the first item
under General Government, Associated Planners, Solid Waste
6•..• Presentation, $233 . 69 . Trustee Shirley said the bill reads
"For professional consulting services the month of October
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regarding solid waste plan presentation - 3 hours at two
different times and reproduction costs resulting from mylar
maps. " The total cost of $233. 69 is broken down into $150. 00
for consulting services and $83. 69 for the maps.
Discussion followed regarding whether this cost should be paid
by the Village. It was decided that the $150. 00 consulting
fee would be deducted from the bill and it be processed to
Mr. Goodwin of Browning-Ferris. Trustee Shirley read the
following corrected figures to Warrant #276 : General Fund,
General Government figure be corrected to $2 ,831. 64 , changing
the total General Fund to $39 , 014 . 33 . The Grand Total was
corrected to $78 ,540. 76.
A roll call vote regarding the corrected Warrant #276 found
the following:
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
Motion passed.
3. President' s Report
President Armstrong welcomed Junior Troop 224 from Kildeer
School to the meeting. The troop leader explained that the
Girl Scout Troop is working on their "My Community" badge and
decided to attend a Village Board meeting as part of the badge
program.
President Armstrong also stated that a call had been placed to
Mr. Sifrer of the State Highway Department inquiring as to why
there was no work being done on Dundee Road. Mr. Sifrer said
that due to a cement shortage there would be a work stoppage
until approximately November 27th. However, he called back a
short time later to say that they had received a shipment of
cement and work would resume Tuesday, November 20th, the supply
of cement taking them to beyond Buffalo Grove Road when hopefully
sufficient cement would be available to complete the job.
President Armstrong said Mr. Sifrer had been very co-operative
regarding the commitment to pave the north side of the road.
4 . Village Manager' s Report
Village Manager Dan Larson read the summary of administrative
activities for the month of October, 1973 .
In response to a question from Trustee Osmon, Mr. Larson said
there had been 12 accidents on Dundee Road compared with 15
in October one year ago.
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5. Standing Committee Reports
Trustee Rech, Chairman of the Blue Ribbon Committee to
investigate the landfill proposal, stated that a meeting had
been held Saturday, November 17th, everyone appointed was
present, and they were hoping to be able to do a presentation
at the first workshop in February. In December, she said, the
committee is meeting on the 5th, 12th, and 19th at 7 : 00 P.M.
and December 2d the committee plans to observe landfills at
Techney.
In response to a question from Trustee Osmon, Trustee Rech said
they plan to hold a meeting with neighboring communities to
discuss what is to be done regarding the landfill and a notice
of it would be published. Trustee Osmon suggested that a
direct mailing be done to invite interested persons in the area.
6. Committee of the Whole
Police Commendation
President Armstrong read and presented to Officer William
Urry a Certificate of Commendation regarding an incident on
November 7 , 1973 , involving a Buffalo Grove family menaced
by a man with a gun. As a result of Officer Urry' s thorough
L. investigation and alertness , the offender was identified and
arrested. President Armstrong expressed appreciation on behalf
of the citizens of Buffalo Grove for such fine Police work.
Buffalo Grove - Wheeling United Fund
President Armstrong informed the Board that as a result of a
request made two weeks ago, Dan Larson had investigated the
matter and reported that monies up to $2 ,000 are available
to be granted as a donation to the Buffalo Grove - Wheeling
United Fund if the Board is of such a mind.
Trustee Osmon made a motion to approve a donation of $2 , 000
to the United Fund. Trustee Driscoll seconded.
Discussion followed. Trustee Shirley stated that he has
nothing against United Fund but he will vote against the
motion because he feels the Village does not have the right
to tax people to generate contributions to charity regardless
of what they might be. Trustee Shirley said he feels charitable
giving is the right and privilege of each individual. In
response to a question from Trustee Osmon regarding the
contribution to Omni House, Trustee Shirley said he had
reservations about that also as evidenced in his vote regarding
that issue, but felt there was a difference in that Omni House
provides the Village with a contractual service of a type
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the Village is not able to provide. Trustee Rech expressed
similar views as did Trustee Mahoney who pointed out another
difference between the United Fund and Omni House contributions ,
that being Omni House survival was dependent upon Buffalo
Grove contribution.
A roll call vote found the following:
AYES: Trustee Osmon and Driscoll
NAYES : Trustees Shirley, Rathjen, Mahoney, Rech
The motion was defeated.
Buffalo Grove Historical Society
President Armstrong stated the request of the Buffalo Grove
Historical Society to have up to $250. 00 operating budget in
order to get them started as was discussed in the workshop
session of November 13 , 1973 . Trustee Driscoll made a motion
to approve $250. 00 operating budget for the Buffalo Grove
Historical Society. Trustee Osmon seconded. The motion
passed unanimously in a voice vote.
Strathmore Court Fencing
Mr. R. Samanic, Director of Sales and Marketing for Levitt
appeared before the Board and stated his purpose as the
discussion of the fencing of the proposed landscaping agreed
to in the Strathmore Court model area. He reviewed Levitt' s
July 26th appearance before the Appearance Commission when
they recommended building permits be issued with the exception
that they would like a living fence, 6 foot arborvitae along
Arlington Heights Road instead of the 5 foot stockade fence
as proposed. On August 6th, Mr. Samanic stated, Levitt had
appealed the Appearance Commission' s recommendation at the
Board meeting but the appeal was denied.
Since then, he said, the opening of the Buffalo Grove High
School across the street has created such a problem with
students congregating in the area, windows broken, extraneous
material in the area and similar problems , that more than a
visual barrier is necessary in order to protect the privacy
of the home owners in the model area. Mr. Samanic stressed
the need for the 5 foot stockade fence originally proposed to
prevent trespassers in the residential area which is surrounded
by high density on three sides.
Trustee Mahoney confirmed with Mr. Raysa his earlier statement
that the Board was imposing an extra legal condition upon Levitt
in requiring a living arborvitae since this was not stipulated
in the pre-annexation agreement. Mr. Raysa concurred with
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Trustee Mahoney 's recollection and in response to a question
from Trustee Mahoney stated that if the fence Levitt puts in
is in accordance with the fence ordinance, regardless of whether
it is living or not, nothing more can be done by the Village.
As a result of this discussion, Trustee Mahoney made a motion
to allow Levitt to put in the kind of fence they choose since
it is their property and their right. There was no second to
the motion.
There was further discussion about the hazards brought about
by numbers of students loitering the area and whether this
would decrease when the homes are occupied by residents.
The general feeling was that it would not decrease. President
Armstrong stated he agreed with Levitt' s request.
Regarding the necessity of a motion to reconsider the matter
brought before the Board a second time, Attorney Raysa stated
Robert' s Rules of Order could be waived as all the Trustees
were present and the same number were present when the matter
was previously discussed.
Mr. Ron Helms of the Appearance Commission stated his views and
those of the Appearance Commission to the Board. Mainly, he
felt that a stockade fence was not the only alternative to the
living arborvitae. He said an evergreen hedge with a cyclone
type of fence within it was an alternative and there were many
other similar alternatives combining the positive fence barrier
and a living cover. He also stated a stockade fence would be
defaced. Answering later questions , Mr. Helms said the main
objection was to the fence right up against the sidewalk. Mr.
Samanic said narrow yards prevented setback of more than one
foot.
Further discussion continued. President Armstrong summarized
the Board' s views as favoring, for aesthetic reasons because
the area concerned is an entrance to the Village , some form of
living fence. If a combination can be worked out of living and
cyclone, President Armstrong said that would be so much the
better. He also added that if Levitt cares to exercise their
full legal right, they could put up a stockade fence.
Mr. Helms offered the services of the Appearance Committee to
Levitt in working out a solution that would satisfy both the
Village and Levitt. Trustee Osmon then made a motion that the
Board denyLevitt's request toput upa stockade fence and
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recommend that they work out an acceptable solution with the
Appearance Commission this not having to come again before
the Board but settled finally between Levitt and the Appearance
Commission. Trustee Shirley seconded. A voice vote found:
L .
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AYES: Trustees Shirley, Rathjen, Osmon, Rech, Driscoll
NAYES: Trustee Mahoney
Motion passed.
President Armstrong referred the Board to the letter from
Mr. Craig of Levitt apprising them of the time schedule and
program to be followed in Strathmore Court.
Ordinance No. 73-54
President Armstrong read Ordinance #73-54 approving an
Appearance Plan. Trustee Osmon made a motion to accept the
Ordinance #73-54 as read. Trustee Driscoll seconded. A roll
call vote found the following:
AYES: Trustee Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES : Trustee Rathjen
Motion carried.
Cooper Jr. High School - Parking along Plum Grove
Mr. Larson reviewed the request from Sgt. John Crimmons sent
to Chief Walsh regarding a change in the parking areas near
Cooper School due to the construction of a new addition which
will stop the use of the rear parking area for loading and
unloading. He requested removal of all no parking signs on
the north side of Plum Grove to allow easy loading and unloading
of students from private autos and eliminate congestion in the
bus loading area; also, installation of two "no parking" signs
on the south side of Plum Grove Circle between Regent Drive
and Indian Hill to allow the school buses adequate ingress
and egress at the school driveways.
Trustee Shirley made a motion to approve the request as
presented by Mr. Larson for the duration of the construction
of the Cooper school site. Trustee Driscoll seconded.
Trustee Osmon raised the question of whether removal of the
"no parking" signs would result in overnite parking. He
suggested the Board allow loading and unloading but no parking.
This would preclude the possibility of parking and keep people
moving. Ms. D. Berth who lives in the area pointed out that
evening activities are held at the school and since the rear
parking is limited, people need some place to park in the
evenings.
It was decided to include signs stating "No Parking 8-4
L" School Days" on both sides of the street and Tru
stee ustee Osmon
made the amended motion to do so. Trustee Driscoll seconded.
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A voice vote found unanimous agreement with the amended motion.
L. Motion passed. President directed the attorney to prepare the
appropriate Ordinance.
Central Police Dispatch Grant
President Armstrong announced to the Board that the Illinois
Law Enforcement Commission has awarded a grant to the Village
of Buffalo Grove in the amount of $25 ,931 for a "Central Dis-
patching System" . Chief Walsh sent a memo to Dan Larson and
expressed at the meeting his concern regarding Paragraph 9 on
page 2 of the letter from Mr. Fogel restricting the term of
the award to one year, November 9, 1973 , to November 8 , 1974 .
Based on experience, Chief Walsh felt this was too restrictive
and that 90 days for making the project operational was not
enough. Also, he stated that between September 28 , 1972 , when
application for the grant was made, and now, terms of the grant
were changed. . Under the existing grant the Village must make
a hard cash match of approximately $5 ,984 which is provided for
in the budget.
Trustee Osmon made a motion to accept as presented by Mr. Fogel
and Chief Walsh the grant for a Central Dispatching System
with a cover letter sent to Illinois Law Enforcement Commission
indicating concern about delivery date of the equipment. Trustee
Driscoll seconded. A roll call vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES : None
Motion passed.
Ordinance No. 73-55
President Armstrong read Ordinance #73-55 , an Ordinance
Adopting a Comprehensive Plan and Map. Trustee Osmon made a
motion to approve the Ordinance as read. Trustee Shirley
seconded.
Mr. Carl Genrich, Chairman of the Plan Commission, came forth
and urged adoption of the Ordinance. Also, he made the point
that in the memo dated November 15th when the Plan Commission
originally sent the recommendation to the Board to adopt the
plan, they identified the alternative plan that they referred
to and suggested specifically that densities in residential
areas be thinned down. Mr. Genrich said they were then pre-
paring PUD sections of the Zoning Ordinance and they felt
that those areas shown for PUD and multiple-family in the plan
should relate back to the Ordinance and there would then be an
L., automatic means of control so the developer could see immediately
what was desired by the Village. He then requested on behalf
of the Plan Commission that cards be printed and inserted in
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each brochure that would pin down specifically the dwelling
`—' unit densities per acre for each of the three categories as
outlined in their memo. Mr. Genrich said the Plan Commission
had not seen the plans before they had been printed.
There was some discussion of the plan. Trustee Mahoney stated
that there were a few things he did not agree with. Trustee
Shirley asked if approval of the map was approving multiple
family of the Sifert property off Checker Road. President
Armstrong recalled that the map had previously been approved
4 - 3 by the Board.
Before discussion of the addition to the plan, a vote was
taken on the motion to adopt the ordinance. A roll call vote
found the following:
AYES: Trustees Osmon, Mahoney, Driscoll
NAYES: Trustee Shirley, Rathjen, Rech
President Armstrong voted AYE to break the tie. The motion
carried 4-3.
President Armstrong then asked the Board if they want to
include a card printed as suggested by Mr. Genrich and also
included would be wording to reflect what in fact the Board
asked of the planner as it pertains to the Sifert property.
This would seem reasonable , he said, from the viewpoint that
it is an area that could well be expected to be annexed to the
Village and the Board would be making known what the Village
expects to be done with the area at that time.
Trustee Shirley made a motion to have a card such as suggested
by Mr. Genrich printed and included with the brochure, with
wording pertaining to the Sifert property also on the card.
Trustee Osmon seconded. A voice vote found unanimous agreement
by the Board. President Armstrong asked Mr. Larson to write up
something to the effect expressed in the motion and submit it
to the Board.
Ordinance No. 73-56
President Armstrong read Ordinance #73-56 , an Ordinance Amending
Ordinance #72-36 being an ordinance concerning the office of
the Village Collector. Trustee Mahoney moved that the ordinance
be approved. Trustee Osmon seconded.
In answer to questions from Trustee Osmon, Mr. Larson stated
that the ordinance applies to Mrs. Verna Clayton who is
L. Village Clerk and Village Collector and who would receive
with the increase of $35. 00 per month as Village Collector
$5, 000 and as Village Clerk $3 , 000 for a total of $8 ,000 per
year. Mr. Larson requested that this increase be made retro-
active to August 1, the anniversary date.
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A roll call vote was taken on the motion to approve the motion
only with Mr. Larson's request for retro-active application to
`—' be made a separate motion. The vote found:
AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll
NAYES: Trustee Osmon
Motion passed.
Trustee Mahoney made a motion to make the increase retro-active
to August 1st as suggested by Mr. Larson. Trustee Driscoll
seconded.
Trustee Mahoney asked Mr. Larson on what grounds he requests
the retro-active status. Mr. Larson replied that he bases his
request on a letter from Mr. Raysa dated October 31st in which
he submitted the results of his investigation into the legality
of the appointment of Village Collector and compensation for
and assignment of duties in regard to Office Manager, this
information having been requested by the Board.
There was further discussion of whether the Village Clerk can
be also appointed Village Collector. Trustee Mahoney made a
motion to table the issue until Mr. Raysa has had a chance
to check State Statutes. Trustee Driscoll seconded. The
motion passed unanimously by a voice vote.
Heitkotter Property
President Armstrong ro stated that the Board is to set a date for
t n
g sta e
the Public Hearing regarding the annexation agreement on the
Heitkotter Property. They have had a hearing before the Plan
Commission and an Appearance Commission hearing is not yet
necessary as a hearing is to review the petition for annexation
only rather than permit to occupy. President Armstrong further
stated that allowing time to advertise, the earliest date for
the hearing could be December 10th. Trustee Shirley made a
motion that the Public Hearing be advertised and scheduled
for the meeting of December 10th. Trustee Osmon seconded. A
voice vote found unanimous support of the motion. Motion passed.
Ordinance No. 73-56
Trustee Shirley made a motion to remove from table Ordinance
No. 73-56. Trustee Mahoney seconded. A voice vote found the
Board unanimously in favor of the motion. Motion passed.
Attorney Raysa reported that according to Section 24 , 313-11,
Section 24 , 311-25 and 311-28 of the State Statutes you have
municipalities where the same person holds both positions,
Village Clerk and Collector, and receives compensation for
both offices.
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President Armstrong recalled Trustee Mahoney' s motion on the
floor to make the increase stipulated in Ordinance #73-56
retro-active to August 1st. The motion was seconded by
Trustee Driscoll. A roll call vote found the following:
AYES: Trustees Shirley, Mahoney, Driscoll
NAYES: Trustees Osmon, Rech, Rathjen
President Armstrong voted AYE to break the tie. Motion
passed 4-3 .
Energy Crisis
Trustee Mahoney raised the question of the steps being taken
to conserve heating supplies. He asked what had been done.
Mr. Larson said that in compliance with a directive by Governor
Walker, the thermostats had been lowered to 69°. Trustee Mahoney
said he felt a temperature of 67-68° was more in keeping with
the sacrifical aspect of the national attempt to conserve heat-
ing supplies . There was discussion as to what was enough or not
enough. The conclusion seemed to be use of good judgement and
particular circumstances that may prevail. Trustee Shirley
said he was more concerned with the exonomical use of autos,
reducing speed and consolidating trips.
L.
Trustee Osmon brought up an article that appeared in the
Chicago Tribune of November 19 , 1973 , written by Barry
Commoner regarding another aspect of the energy crisis; that
being the scarcity of factual information available regarding
mining, drilling, refining and distribution of fuel because
this information is solely in the hands of the oil companies
and being kept secret. Trustee Osmon made a motion that a
letter be sent under the name of the Village President to
local legislators requesting that they push for this informa-
tion to be made available by oil companies. Trustee Driscoll
seconded. A voice vote found the following:
AYES : Trustees Shirley, Osmon, Rech, Driscoll
NAYES: Trustee Rathjen
ABSTAIN: Trustee Mahoney
Motion passed.
L.
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Trustee Rathjen moved that their being no further business,
the meeting adjourn to executive session. Trustee Shirley
seconded. A voice vote found unanimous approval.
Time: 10 : 00 P.M.
Respectfully submitted,
Clerk Pro Tem
APPROVED this day of 1973 .
n
Vi 'age Pr si ent
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