1974-02-04 - Village Board Regular Meeting - Minutes 2999
2/4/74
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, HELD MONDAY, FEBRUARY 4, 1974 , AT THE MUNICIPAL
BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS .
President Armstrong called the meeting to order at 8 :12 P.M.
Those present stood and recited the Pledge of Allegiance to
the Flag.
President Armstrong welcomed back Village Clerk, Verna
Clayton, who has been recuperating from back surgery.
The Clerk called the roll and found the following present:
President Armstrong; Trustees Shirley, 'Osmon, Rathjen,
Mahoney, Rech and Driscoll.
Also present: Daniel Larson, Village Manager; Arnold Seaberg,
Village Engineer; Richard Raysa, Village Attorney; and
William Balling, Administrative Assistant.
1. Minutes of January 14, 1974
Trustee Shirley moved the minutes of January 14 , 1974 , be
approved as submitted. Trustee Osmon seconded the motion.
Trustee Mahoney requested a change on page 2985, paragraph 6 ,
after the words "Village Board" , by inserting the phrase
"in opposition to the rezoning and express the hope that"
and continue with the sentence.
Trustee Rech referred to page 2986 , paragraph 1, "A copy of
those reasons is attached to these minutes . " She requested
that the addendum not be used, and her following reasons for
opposing the Phoenix Develement be included in the body of the
minutes:
1. There are undesirable densities that are not
compatible with adjoining properties.
2 . The off-site retention facilities are provided
without easements being granted.
3. There has been no documentation forwarded for
the Village' s acquisition of the Golf Course.
4 . Proper and just recompense to the School and
Park District have not been provided.
Trustee Osmon moved to table these minutes and have them
brought up as per Trustee Rech' s request. There was no
second.
LI
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Trustee Shirley stated that Trustee Rech' s brief summary
of her opposition to the Phoenix Development should be
inserted in the minutes as a permanent record.
L.
The Clerk called the roll and found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech and
Driscoll
NAYES: None
The motion carried with changes noted.
2. Minutes of January 21, 1974
Trustee Rech moved to approve the minutes of January 21, 1974 ,
as submitted. Trustee Rathjen seconded the motion. Trustee
Osmon referred to page 2989 , paragraph 2 , and asked to
insert after "Buffalo Grove High School" , "and they had
reservations as to the placement of the school on the Happ
property as an alternative site" .
Trustee Rech referred to page 2994 , paragraph 6 , last line,
the word "portable" should be changed to "potable"
The Clerk called the roll and found the following:
L. AYES: Trustees Shirley, Osmon, Rathjen, Rech and Driscoll
NAYES: None
ABSTAIN: Trustee Mahoney
The motion carried with changes noted.
3. Warrant No. 281
Trustee Shirley presented Warrant No. 281. The following
changes were noted: Police - $3 , 400. 93; General Fund
Total - $36,382 . 53; Street and Bridge Fund - add $10 ,188 . 19
and change the total to $15,704 . 37 ; M.F.T. Fund - $5,074 . 69;
corrected Grand Total - $70 ,943.56 .
Trustee Shirley moved that Warrant No. 281 in the amount of
$70, 943 . 56 be approved as corrected and submitted. Trustee
Rech seconded the motion. The Clerk called the roll and
found the following:
AYES: Trustees Shirley, Rathjen, Mahoney, Rech and Driscoll
NAYES : None
ABSTAIN: Trustee Osmon
4. President' s Report
President Armstrong announced a forum, regarding the upcoming
L.� R.T.A. referendum, will be held on February 7 , at 8 :00 P.M. ,
at Thomas Jr. High School, and urged attendance.
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5. Standing Committee Reports
Flood Control Committee
I
Trustee Rech noted that the Flood Control Committee is
working on the Flood Control booklets and that there will
be some printing costs involved. She explained that these
booklets are for people in the Village who have experienced
flooding problems so they may have some information or guide
1 l as to what they can do to correct their problem. She then
�J referred to a new flood insurance program. Mr. Larson
stated the staff is evaluating this program and a report is
forthcoming.
Landfill Committee
Trustee Rech reported that the Landfill Evaluation Committee
is working on their evaluation of the Browning-Ferris site
and will be meeting again on Wednesday, February 6 , at 7 : 00 P.M. ,
in the Village Hall.
Trustee Rech brought to the Board' s attention that she had
been asked to speak in Springfield on February 15 , at a
seminar that is going to be sponsored by the Environmental
Protection Agency regarding recycling programs , and noted
that Buffalo Grove will be one of five communities represented.
She requested concurrence of the Board in allowing $57 plane
L. fare for this speaking engagement. Trustee Osmon moved to
approve this expense of a plane fare , plus lunch. Trustee
Driscoll seconded the motion, and a voice vote found the
following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney and Driscoll
NAYES: None
ABSTAIN: Trustee Rech
The motion carried.
•
Trustee Mahoney stated a committee to recommend an architect
for the Public Works Garage has been meeting and in several
weeks they should have a recommendation. Trustee Osmon
recommended we look into the possible installation of the
Public Works Garage adjacent to the building to the west
and also look into the costs of a police target range
encompassed in the garage.
6 . COMMITTEE OF THE WHOLE
Civil Defense Appointments
1
L... Upon recommendation of the Civil Defense Commission, President
Armstrong appointed Mr. Gilbert Lee and Mr. Paul Soucy to
the Civil Defense Commission. Trustee Mahoney moved for
concurrence of the Board on the President' s appointments.
Trustee Osmon seconded the motion, and a voice vote found
the following:
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AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech,
L. and Driscoll
NAYES : None
The motion carried.
Electrical Commission
Upon recommendation of the Electrical Commission President
Armstrong reappointed Mr. Norman Ridell, Mr. Edward Bieszczad,
and Mr. Chuck Kieffer to the Electrical Commission for a
period of one year. Trustee Osmon moved for concurrence of
the Board on the President' s appointments. Trustee Driscoll
seconded the motion, and a voice vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech,
and Driscoll
NAYES : None
The motion carried.
Village Signs
President Armstrong noted that Striker Lanes , Homefinders ,
The Beauty Parlour, and the Bank of Buffalo Grove has met
L. with the Appearance Control Commission reference approval of
signs. In all four cases , the Appearance Control Commission
recommended approval of these signs.
Striker Lanes
After presentation by Mr. Chuck Purcell of Striker Lanes,
Trustee Osmon moved to approve the request for a sign for
Striker Lanes. Trustee Shirley seconded the motion, and a
voice vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech,
and Driscoll
NAYES: None
The motion carried.
Homefinders
After presentation by Mr. Wallace Berth of Homefinders,
Trustee Driscoll moved to approve the request for a sign for
Homefinders Real Estate. Trustee Osmon seconded the motion,
and a voice vote found the following:
! AYES: Trustees Shirley, Osmon, Mahoney, Rech, and Driscoll
NAYES: None
ABSTAIN: Trustee Rathjen
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The Beauty Parlour
After presentation by Mr. Zale of M & K Sign Company,
L. Trustee Shirley moved to approve the request for a sign for
The Beauty Parlour. Trustee Osmon seconded the motion, and
a voice vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech,
l and Driscoll
�J NAYES: None
The motion carried.
The Bank of Buffalo Grove
After presentation by Mr. William Dettmer, Chief Inspector,
Trustee Shirley moved to approve the request for a sign for
The Bank of Buffalo Grove. Trustee Driscoll seconded the
motion, and a voice vote found the following:
AYES: Trustees Shirley, Rathjen, Mahoney, Rech, and Driscoll
NAYES: None
ABSTAIN: Trustee Osmon
Hank Farm/Public Hearing
L. President Armstrong called to order the Public Hearing to
consider the petition for annexation of the Hank Farm and
noted this Public Hearing was advertised in the Buffalo Grove
Herald on January 16 , 1974.
Mr. Mort Kaplan, House Counsel for Centex Corporation,
addressed himself to the Board and noted there had been a
Plan Commission hearing. He noted that Centex Homes Corporation
filed an application for annexation on October 31, 1972 , and
there were two companion applications for properties involved.
Mr. Kaplan then displayed an exhibit of the subject property,
known as the Hank Farm (approximately 80 acres) bounded by
the Soo Line Tracks on the west, Mr. DeBruler' s commercial
property, abutting Milwaukee Avenue, on the east, the Lake
County sewage treatment plant on the north, and Inverrary on
the south.
Mr. Kaplan noted that in late summer, Centex Homes Corporation
received an indication from the Village of Buffalo Grove they
might be interested in annexing this property for purposes
of extending the Village boundaries to Milwaukee Avenue,
which would require the inclusion of the two adjacent
properties. Accordingly, the application was filed and
they appeared before the Plan Commission.
Giving the history of this property, Mr. Eaplan stated that
t-- on September 27 , 1972 , there was a court decree in Lake
County for 940 apartments , townhouses and condominium units
for the Hank Farm.
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On May 4, 1973 , Centex Homes Corporation, which had an
option topurchase theproperty, met with the Lake County
officials to discuss various proposals for the presentation
of a plan in Lake County. On June 1, 1971, an application
was filed with Lake County for a planned development for 940
units consisting of 580 townhouse units and 360 condominiums.
On July 17, 1973 , the Public Hearing before the Lake County Plan
Commission was held on the plan exhibited tonight. On
October 9, 1973, the Lake County Board approved the recommenda-
tion of their Plan Commission and gave the approval for the
development with one exception, that being a reduction of 50
units for the townhouses . Mr. Kaplan noted that if the
property is annexed, Centex will pay the seller for the
additional 50 units. On November 29 , 1973, Centex Homes
Corporation exercised its option and purchased this property,
and noted that the purchase of the property was made in
consideration of the Lake County approval.
Regarding the current status of the property, Mr. Kaplan
stated they have made application with their building plans
in Lake County over a month ago, and they are at the point
where the building permits will be issued. He stated they
have proceeded to a point with their sales program and
development where they are prepared to construct models,
start advertising, and prepared to proceed with phase one of
the development of this property. Mr. Kaplan stated they
would like to come into the Village, but they are not in a
position for it to cost any more money to develop this
property in the Village than it would in Lake County.
Mr. Kaplan then described the property to the Board and
called the Board's attention to a land use and data sheet
distributed previously.
Mr. Kaplan noted that they have an agreement with Lake County
for the utilization of the Lake County sewer and water
facilities.
Discussion followed between Mr. Kaplan and Board members
regarding exhibits of the development which were not avail-
able to the Board for review at the present time.
Trustee Osmon asked who approached him regarding the Village' s
interest in annexing this property to the Village. Mr.
Kaplan stated from various conversations he had had, this
was the conveyance he had received. Trustee Osmon stated
an impression was given that the Village had solicited this
annexation and he did not want it to be an impression
supported by him.
President Armstrong stated he had spoke with Mr. Kaplan
several times regarding the school donation and Mr. Kaplan
had indicated they would pay $39,000 plus. President
Armstrong calculated that Resolution #72-35 , The School/Park
Donation Resolution, would require an approximate $67,000
donation.
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Mr. Kaplan stated they purchased this property after careful
calculation of economics and one of the factors taken into
consideration was the $39, 000 donation agreed upon by
School District #102 . He stated it would be difficult to
explain the additional expense to their offices in Dallas,
Texas why, when they have Lake County approval and ready
to build. He stated they would not have that kind of money
in this particular project to make that kind of donation,
therefore, his answer was negative.
President Armstrong noted that the Village has tap-on fees
included in every annexation agreement and asked if it was
in this agreement. Mr. Kaplan stated it was not and felt it
should be negotiated.
Trustee Mahoney referred to Resolution #72-35 and noted the
Village would jeopardize the School Districts of several
hundred thousand of dollars if any developer was given
preferential treatment. For this same reason, Trustee
Rathjen asked Mr. Kaplan if he were willing to negotiate.
President Armstrong stated the Village could offer this
development greater professional services than Lake County.
Mr. Kaplan stated their budget has been carefully determined.
Trustee Shirley questioned what the developer felt the project
would benefit if annexed to the Village. Mr. Kaplan stated
they thought a great deal of this Village, but as far as
building this project in the County or in the Village of
Buffalo Grove , from the salability standpoint, it would
not add at all.
In reply to a question from Trustee Shirley regarding water
and sewer service, Mr. Kaplan stated they had made arrange-
ments to obtain these services from Lake County.
Trustee Shirley questioned the Board members as to what
services would be required of the Village for this develop-
ment if not annexed to the Village. Mr. Larson stated this
development would be serviced by the Lake County Sheriff' s
Department and in similar cases , other Police Departments
have been asked to respond to emergencies . Discussion
followed regarding inadequate access to this development
in cases of emergencies.
Trustee Shirley felt the Plan Commission is correct in its
question of density, traffic, and adherence to the basic
ordinances passed in the last three years .
Discussion followed regarding an increased donation to the
School District. Trustee Mahoney stated if this aspect could
not be resolved, there would be no need to discuss other
�..- aspects of the development. Mr. Kaplan stated there would
be no change in their position. Trustee Mahoney stated if
this was their position, there would be no flexibility and
his position would be to reject the petition. He then
suggested discussion be deferred until Mr. Kaplan could
confer with his client.
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Trustee Osmon observed that Centex, when developing in
Elk Grove, seemed more concerned with school and fire
problems. Mr. Kaplan stated that they were paying top
L. price for this property and they cannot justify further
donations.
Trustee Rech noted that the Plan Commission rarely
unanimously rejects a plan as it did in this case.
There being no further questions from the Board, Trustee
Osmon moved the Public Hearing adjourn. Trustee Driscoll
seconded the motion, and upon a voice vote, the motion passed
unanimously.
President Armstrong declared a recess at 9 :30 P.M.
The meeting resumed at 9:43 P.M.
Trustee Rathjen moved to disapprove the annexation petition of
the Hank Farm. Trustee Rech seconded the motion, and a voice
vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech,
and Driscoll
NAYES : None
The motion carried.
1
Ordinance No. 74-2
Mr. Kenneth Rodeck of Gregg Builders addressed himself to
the Board and referred to Section 4 . 1-9j of the proposed
Ordinance revising the yard requirements for Business
Districts , and asked for clarification of the last sentence
whereby it states : "fence could be put in in lieu of the
buffer strip and the fence should be seven (7) foot high" .
He asked if this precludes a 12 foot strip.
Mr. Raysa, Village Attorney, stated the intention was to
definitely have a 12 foot buffer strip and a fence could be
placed any place desired on the buffer strip. Discussion
followed regarding maintenance of the buffer strip.
Mr. Rodeck stated he saw no purpose for a 12 foot buffer
strip if a fence were placed on the property line.
Trustee Osmon noted this 12 foot buffer would keep some
distance between residential and business.
Mr. Burt Harris of the Plan Commission stated the original
thinking on the 12 foot buffer strip was for trees and
plantings.
Trustee Shirley stated he thought the buffer strip should
be retained and would prefer shrubbery rather than a fence .
Discussion followed regarding the buffer strip and fence.
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Trustee Rech moved to approve Ordinance No. 74-2 , an
Ordinance amending the Zoning Ordinance of 1961 as amended.
Trustee Osmon seconded the motion. After discussion, Trustee
Rech amended the motion to delete all reference to fences
from the Ordinance . Trustee Osmon seconded the motion, and
a voice vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, and
Driscoll
NAYES: None
The motion carried.
Village Fleet Needs
Mr. Larson reviewed his report dated January 30, 1974 , regard-
ing Police and staff car needs . He called attention to a report
from Bill Agnes , mechanic, reference mileage on police vehicles
as of January 22, 1974 , and noted that of the existing 17
cars, all have in excess of 40 ,000 miles. Mr. Larson stated
that because of constant usage, these cars become very
inefficient and fuel and maintenance costs increase. Mr.
Larson stated it was recommended to go out for bid for
five (5) new police cars and nine (9) new staff vehicles,
and trade in six (6) cars, with the total cost being
$30,875. 60.
`.., Trustee Mahoney moved to approve the purchase as recommended
per Mr. Larson's recapitulation. Trustee Driscoll seconded
the motion.
In response to a question from Trustee Mahoney, Mr. Larson
stated all staff cars recommended would be 6 cylinder Dodge
Darts and would give 16 to 18 miles per gallon. Three will
be equipped with air conditioning.
Trustee Shirley requested the Village look into leased cars.
Mr. Larson stated that leasing gives no equity or trade-in
value . Discussion followed regarding disposition of these
vehicles.
Trustee Osmon requested staff cars be a different color from
the Police cars.
As a safety factor, Trustee Osmon requested that the full
horn ring steering wheel not be installed.
There being no further questions , the Clerk called the roll
and found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech
and Driscoll
`' NAYES: None
The motion carried.
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Resolution No. 74-2
President Armstrong read Resolution No. 74-2, amending
resolution establishing the prevailing hourly wage for
public contracts. Trustee Osmon moved to approve
Resolution No. 74-2 . Trustee Driscoll seconded the
motion, and a voice vote found the following:
AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech,
and Driscoll
NAYES: None
The motion carried.
Resolution No. 74-3
President Armstrong read Resolution No. 74-3, amending
resolutions regarding permission to work within State of
Illinois right-of-ways . Trustee Shirley moved to approve
Resolution No. 74-3. Trustee Osmon seconded the motion,
and a voice vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech,
and Driscoll
NAYES: None
The motion carried.
Questions from the Audience
Scholz Property
Mr. Burt Harris addressed the Board and noted that when the
Fire Department burned down the building on the Scholz property,
the chimney was left standing. He stated the chimney
constitutes a possible safety hazard. Trustee Rech stated
she discussed this with Mr. William Dettmer, but at the
present time it has not been removed. Mr. Larson stated he
would look into the matter.
Dundee Road
Mr. Burt Harris also referred to Dundee Road and proposed
that the Village establish a plan of development for a median
area on Dundee Road, preferably a grassy median, that would
be aesthetically pleasing.
President Armstrong stated that he would contact the State
Highway Department to see if they would have any objections
to this proposal.
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Hank Farm
Mr. Howard Mendenhall questioned the appropriateness of
the Village Manager to comment on developments which have
not been considered by appropriate village bodies. President
Armstrong stated the Village Manager was not speaking for
the Board, and the local newspapers had asked for his opinion.
Trustee Rathjen felt Mr. Larson' s comments could be inter-
, preted as speaking for the Village at large.
Mr. Larson stated these comments were his personal opinion
and no where in the paper did he state it was the Village ' s
position.
Day-Light Savings Time
Trustee Mahoney stated bills have been introduced to repeal
winter day-light saving time, and many people have questioned
its effect on fuel savings . He noted that in Florida accidents
resulting in the deaths of several children on their way
to school were attributed to the darkness. Trustee Mahoney
moved the Board go on record with our two Illinois Senators
and Illinois Congressman urging them to seriously consider
the savings, if any, in fuel is worth the added frisk to the
lives of children, and urge them to consider`suppbrting
legislation to repeal winter day-light savings time. Trustee
Driscoll seconded the motion, and a voice vote found the
`„ following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech,
and Driscoll
NAYES : None
The motion carried.
Municipal Building/Air Conditioning
Reference installation of air conditioning to the downstairs
offices of the Village Hall, Trustee Osmon questioned if it
would be allowable for him to assist the Village in the
purchase of the equipment with no benefit to himself through
his company and giving the Village a discount. Billing
would be directly to the Village. Mr. Larson stated the
air conditioning unit the Village is considering is in excess
of $1,500 and bids would have to be waived if the Village
accepts Trustee Osmon's suggestion.
Mr. Raysa stated as long as the Village is billed directly,
there should be no violation.
Arlington Country Club Retention Basin
�-- Mr. Raysa stated that he and Mr. Larson have been meeting with
the Metropolitan Sanitary District and that the Taggart
license agreement will be approved. Also, they had considerable
discussion with respect to the Forest Preserve District
contract. He stated the license agreement and contract
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could go before the Board by the first of March.
State Highways
L. Trustee Shirley stated it was against the law to sit in line
with an automobile on a State highway waiting to get in a
gas station, and if State signs are available, they should
be posted.
Sidewalks
�•J Trustee Rathjen asked what are the Village ordinances relating
to snow removal on sidewalks. President Armstrong stated
there was no ordinance covering this. Mr. Raysa stated no
ordinance of this type would be enforceable. Trustee Mahoney
stated he saw no reason to pass an ordinance of this type
since many people could not shovel because of old age,
husbands traveling during the week, etc. He stated is is
basically unconstitutional and unenforceable.
Trustee Rathjen requested a poll of the Board, a "yes"
vote would favor Village legislation to enforce shoveling
of sidewalks at a certain depth of snow. A "no" vote would
leave things as they are.
The Clerk called the roll and found the following:
YES: Trustees Osmon, Rathjen
NO: Trustees Shirley, Mahoney, Rech, Driscoll
Day-Light Savings Time
Mr. Guttman, in the audience, felt the Board made a precipitous
decision regarding the Winter Day-Light Savings Time issue
and that Trustee Mahoney had made his decision according to
comments in the news media. He stated our legislators did
not make this change in time without some study from an
energy standpoint. Mr. Guttman asked if Trustee Mahoney or
anyone on the Board had had any requests from the local school
people to take this action. Secondly, Mr. Guttman stated the
schools could move their opening time up a half hour.
Trustee Mahoney stated the motion was that it be given serious
consideration.
Trustee Shirley moved the meeting adjourn and the Board move
into executive session to discuss personnel. Trustee Osmon
seconded the motion, and upon a voice vote, the motion passed
unanimously.
Time: 11:00 P.M.
Respectfully submitted,
//
Village Clerk
Passed and-approve¢ this // day of , 1974
i 1 acre Pr s idei