1972-06-19 - Village Board Regular Meeting - Minutes 2505
6/19/72
MINUTES OF THE MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE , COOK AND LAKE COUNTIES ,
ILLINOIS , HELD MONDAY, JUNE 19 , 1972 , AT THE MUNICIPAL BUILDING,
50 RAUPP BLVD. , BUFFALO GROVE , ILLINOIS .
The President called the meeting to order at approximately
8 :20 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, Vogt,
Mahoney. Trustee Fabish arrived at 8 :35 P.M.
1. Minutes of June 5 , 1972
Trustee Osmon moved the minutes of June 5 , 1972 , be approved as
submitted. Trustee Shirley seconded the motion and requested
on page 2503 , line 2 , after the word "parkway" , the words
"adjoining Lake Cook Road" be added. Trustee Osmon requested
his "nay" vote on Ordinance #0-72-20 be clarified, as follows :
"Since Ordinance #0-72-20 sets the standing committees to be
Legislative, Public Relations , and Environmental Control , a
future President would have the possibility of packing a Board. "
A roll call vote found the following:
AYES : Trustees Shirley , Osmon, Vogt , Mahoney
NAYES : None
ABSTAIN: Trustee Rathjen
ABSENT: Trustee Fabish
The motion carried.
2 . Warrant #242
Trustee Shirley read Warrant #242 , in the amount of $53 ,830 .15 ,
and moved for its approval. Trustee Osmon seconded the motion.
A discussion took place regarding several items , with no changes
being made. A roll call vote found the following :
AYES : Trustees Shirley , Osmon, Vogt , Mahoney
NAYES : None
ABSTAIN : Trustee Rathjen
ABSENT: Trustee Fabish
The motion carried.
3 . Village Managers Report
Mr. Larson stated that today 's storm created in excess of three
inches of rain in two hours causing flooding. Six streets were
closed, and lightning struck in several parts of the Village ,
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6/19/72
knocking out power in Cambridge and Lake County portions of
the Village and in one of the lift stations , which in turn,
caused some sewage backup. Buffalo Creek and White Pine
Ditch flooded. The retention lake on the high school property
has been somewhat successful. The two fire departments are
responding to calls , Public Works is pumping out basements ,
Civil Defense is co-ordinating traffic.
Mr. Larson then noted flood control projects that are under
consideration. The storm pipe along Dundee Road to a reten-
tion lake in the Arlington Golf Course will take a portion of
the water presently draining into White Pine Ditch. The con-
struction of a retention lake west of Arlington Heights Road
in the Lake County portion is planned by Lake County and
Metropolitan Sanitary District. The following maintenance
repairs on local flooding problems are being done : an addi-
tional catch basin has been installed on Beechwood Road, the
White Pine outfall into Buffalo Creek is on the agenda, and
federal flood insurance is being investigated. The Village is
working with Chesterfield Builders , Pekin Builders , and Zale
Construction for the construction of six retention lakes which
will help the flooding on University Court.
Two citizens from Lincoln Terrace were present to discuss
sewage backup they have experienced. Mr. Larson stated that
the power failure to the lift station has caused this . Mr.
Seaberg stated that the main problem with the sanitary sewer
is that too much water infiltrates the system.
Mr. Larson stated that the sewers will be televised and re-
paired, and a house to house inspection for illegal connections
to the sanitary system will begin next week, in an effort to
eliminate water in the system.
Trustee Rathjen questioned the proposed methods of flood con-
trol and requested a different method of solving the problem.
He then requested the Board to encourage the Village Manager
and Village Engineer to revise the flood control plans.
Trustee Rathjen left the meeting at this time (9 :00 P.M. )
The President requested Mr. Seaberg to investigate the cost of
purchasing a portable generator to operate lift stations in case
of power failure. Trustee Osmon requested a report at the next
official Board meeting.
A discussion took place regarding the flooding on University
Court. Trustee Osmon moved the Board direct the Attorney to
take the necessary steps to file an injunction prohibiting any
more construction in the University Court area until there is
a satisfactory time limit put on the tying into the ditch properly.
Trustee Fabish seconded the motion. After discussion, Trustee
Osmon amended the motion for this court action to be against
party or parties , as necessary. Trustee Fabish seconded. Mr.
Larson requested a time table for the improvements. Upon a voice
vote, the motion passed unanimously.
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6/19/72
Trustee Fabish requested close contact with Lake Zurich on flood
control. Mr. Larson stated that the Lake County Department of
Public Health and Public Works Department, as part of any future
PUD approvals in the county , require on-site retention of the
same requirements as MSD. He further stated that he would con-
tact officials in Lake Zurich to ask cooperation.
9 : 40 P.M. - The President declared a recess .
9 :55 P.M. - The meeting resumed.
Dominion Annexation
Mr. James Soble , attorney representing Dominion Development,
was present to request annexation of property located on the
southwest corner of Dundee and Buffalo Grove Roads with B-2
zoning.
The President swore in Mr. Alan Foss , Vice President of Dominion
Development Company, Mr. Daniel C. Sweeney , real estate repre-
sentative from Marathon Oil Company , Mr. Timothy Sullivan , Vice
President of Dart Petroleum Company , and Mr. Neil King , realtor,
appraiser, and broker.
Mr. Foss was called to testify. He stated that Dominion
Development has contracted to purchase the property and develop
it as a shopping center, with a 24 ,000 square foot retail
building and a service station. He presented seven photo-
graphs (Exhibit #1) of the property. He stated that the pro-
posed development will be developed as shown in the site plan
(Exhibit #2) . He stated that the cost of improvements will be
approximately one half million dollars . He further stated that
possible revenue in sales tax to the Village would range from
$12 ,600 to $34 ,200 per year, depending on the type of business
occupying the building. He felt that this property was suitable
for this type of business because the two highways lead to the
basic population of the area. He also stated that growth of the
area requires more shopping.
Mr. Sweeney was called to testify. He stated that Marathon Oil
Company has an option to purchase the corner site for develop-
ment of a service station, subject to the proper zoning. He
stated that the station will be a 2 ,000 square foot building with
three service bays . There will be two access cuts on Dundee
Road and two cuts on Buffalo Grove Road for ingress and egress ,
which will meet requirements of the State Highway Department. He
presented a photograph of a building similar to the one proposed.
He stated that other Marathon stations in the area are located
on the southeast corner of Dundee and Arlington Heights Roads , on
the northwest corner of Arlington Heights and Palatine Roads , and
on the southwest corner of Hintz and Wolf Roads. He stated that
a feasibility study found that this station would have a positive
effect on the other stations , and that approximately 40 ,000 to
45 ,000 gallons of gasoline per month would be pumped at the new
station.
2508
6/19/72
Mr. Sullivan stated that the highest and best use of this
property would be a service station. He felt that an inter-
section of two primary roads is necessary for a successful
station. He stated that the means of ingress and egress were
drawn with the State specifications in mind. He further
stated that this station would not have an adverse effect on
existing stations .
Mr. King described the surrounding areas as follows : the car
wash on the west (zoned B-1) , the Ranch Mart Shopping Center
and Mobil Oil station on the northwest (zoned B-3) , the bank
and medical center on the northeast (zoned B-3) , and vacant
property on the southeast (zoned County R-3) . He stated that
the property is currently zoned R-3 in Cook County with a
value of $50 ,000 . If rezoned , the value would be $250 ,000 .
He felt the highest and best use of the property would be a
combination service station with a commercial building because
it is located in a high traffic area.
Carl Genrich, Chairman of the Plan Commission , stated that the
Plan Commission is not making a recommendation because they
arrived at a 4-4 vote. The four members voting against this
proposal indicated that the thrust of their disagreement was
that they were against another service station on Dundee Road
and felt a higher and better use could be found.
Mr. King stated that an advantage of having a service station
over a typical commercial use is that the service station
occupies a small part of the property and is set back , which
will provide better visability.
Trustee Fabish asked if the property could be used for a new
car dealership. Mr. King's opinion was that the property is
too small for that use.
Trustee Mahoney asked the Village 's ability to control the final
site plans to insure no serious traffic problems and adequate
storm water retention before allowing construction. Mr. Larson
stated that the State and County must grant a permit for access
onto Dundee and Buffalo Grove Roads and that their engineers
must be satisfied before granting the permits. He further
stated that the Metropolitan Sanitary District requirements
would have to be met on this project.
Trustee Mahoney asked if Mr. Foss would retain a proprietary
interest in the building. Mr. Foss stated that they plan to
retain ownership.
Mr. Arthur Sheridan, President of Dominion Development, stated
that they own similar developments in Hanover Park, Willow Brook,
Darian, Bowling Brook, and that there are only three vacant
spaces .
2509
6/19/72
Trustee Shirley questioned the validity of the draw this
retail building will have in this location. Mr. King stated
that the most successful shopping facilities have been in the
modest size centers because it is more convenient to the con-
sumer.
Mr. Genrich stated that his personal opinion is that he is
against more service stations on Dundee Road, but he feels
there is no practical alternative in terms of land use for this
property, and that if turned down, the developer could go to
Cook County for proper zoning, and if again turned down , he
could go to court and have the decision overridden. He felt
this development should be approved conditioned upon design
approval and review of the final plans .
Trustee Osmon questioned if the development would have an ad-
verse effect on the Arco station. Mr. King stated that the
Arco main draw is car wash.
Trustee Vogt questioned the style of architecture. Mr.
Sullivan displayed other styles that could be used. Mr. Soble
stated that his client is willing to submit his plans to the
Appearance Control Commission for approval.
Trustee Vogt questioned the effect on the sewer and water
system. Mr. Larson stated that if there is no car wash , there
will be no adverse effect. Mr. Sweeney stated that he would
be willing to include "no car wash" in the Ordinance.
Mr. Larson suggested that before the service station permit
is issued, the commercial building should be started. Mr.
Sheridan stated that this would not be practical.
In response to a question from Trustee Shirley, Mr. Sullivan
stated that construction would coincide with construction of
the road.
In response to a question from President Armstrong, Mr. Foss
stated that they would be willing to come back to the Plan
Commission with the site plan, the Appearance Control Commission
with architectural and landscape plans , and to the Village for
water and sewer permits .
Trustee Mahoney moved the Board direct the Attorney to prepare
a pre-annexation agreement and confer with counsel for the
petitioner. Trustee Vogt seconded the motion , and a roll vote
found the following:
AYES : Trustees Fabish, Osmon, Vogt , Mahoney
NAYES : Trustee Shirley
ABSENT: Trustee Rathjen
The motion carried.
2510
6/19/72
Fence Variation/305 Timberhill
Mr. Paul Baio reviewed with the Board his request for a fence
height variation. Trustee Osmon moved the Board concur with
the recommendation of the Zoning Board of Appeals and approve
the application of Mr. Baio for a six foot stockade fence.
Trustee Shirley seconded the motion, and upon a voice vote ,
the motion passed unanimously.
Jaycees/Fourth of July Celebration
Mr. Stanley Margulies reviewed with the Board a request from
the Jaycees for a waiver of permit fee for their Fourth of
July celebration activities . Trustee Mahoney moved the Board
grant a waiver of fee for the celebration and grant a temporary
liquor license to the Jaycees for July 2 , 3 , and 4 , 1972 .
Trustee Osmon seconded the motion, and upon a voice vote, the
motion passed unanimously.
Pay Range
The Board reviewed the report regarding pay ranges as submitted
by the Committee appointed at the last meeting. Trustee Osmon
moved the Board adopt the pay classification plan as submitted.
Trustee Shirley seconded the motion. After discussion, Trustee
Osmon amended his motion to remove the Chief Inspector's
salary range and leave it to be determined annually. Trustee
Shirley seconded. Upon a voice vote , the motion passed
unanimously.
Twisted Oak Extention
Mr. Larson reviewed with the Board a communication from the
attorney for Levitt wherein he stated the cost of lot #35 would
be $17 ,971 and offered a contribution of $5 ,000 toward the
acquisition of this lot in order to extend Twisted Oak to
Arlington Heights Road. He stated that this is approximately
$1. 50 per square foot , and that the Village could initiate
condemnation proceedings for a better price. A lengthy dis-
cussion took place regarding the extention of Twisted Oak vs .
construction of a walkway over an enclosed drainage ditch from
Twisted Oak to Aspen. Mrs . Sherry Grabois , a resident of
Arbor Gate Lane, stated that she felt Arlington Heights Road
is too dangerous to walk. President Armstrong noted that Paul
Box, traffic engineer, strongly recommended that Twisted Oak
be extended. Trustee Shirley moved as a first alternative,
the Engineer, Attorney, and Manager pursue the question of the
walkway over the ditch and between the homes . Trustee Mahoney
seconded the motion, and upon a voice vote, the motion passed
unanimously.
2511
6/19/72
Heliport
Mr. Donald Schindler, Civil Defense Director, reviewed with the
Board a request from Civil Defense for an emergency restricted
heliport to be located on Municipal property. Mr. Raysa noted
that this would require a zoning variation. Trustee Osmon
moved the Board approve this request and take the necessary
action for a zoning variation. Trustee Fabish seconded the
motion , and upon a voice vote, the motion passed unanimously.
Fence Variation/981 Belmar
The Board reviewed the request of Harry Cohen for a fence
variation for a six foot fence. Trustee Vogt moved the Board
concur with the recommendation of the Zoning Board of Appeals
and approve the petition. Trustee Osmon seconded the motion ,
and upon a voice vote, the motion passed unanimously.
Side Yard Variation/1174 Alden Lane
The Board reviewed the request of Robert Herskovitz for a side
yard variation for the construction of a fence. Trustee Osmon
moved the Board concur with the recommendation of the Zoning
Board of Appeals and approve the petition. Trustee Vogt
seconded the motion , and upon a voice vote, the motion passed
unanimously.
Yard Variation/1129 Alden Lane
The Board reviewed the request of George Phillips for a yard
variation for the construction of a fence. Trustee Mahoney
moved the Board concur with the recommendation of the Zoning
Board of Appeals and approve the petition. Trustee Osmon
seconded the motion, and upon a voice vote , the motion passed
unanimously.
Side Yard Variation/23 University Drive
The Board reviewed the request of Mohamad Mostofi for a side
yard variation for the construction of a fence. Trustee Osmon
moved the Board concur with the recommendation of the Zoning
Board of Appeals and approve the petition. Trustee Vogt
seconded the motion, and upon a voice vote, the motion passed
unanimously.
Side Yard Variation/Bernard and Cherrywood
The Board reviewed the request of Mr. Leuszler for a side yard
variation for the construction of a swimming pool. Trustee
Shirley moved the Board support the action of the Zoning Board
of Appeals and disapprove the petition, and further assist the
citizen with the necessary paperwork to obtain their deposit on
the pool. Trustee Osmon seconded the motion, and upon a voice
vote, the motion passed unanimously.
2512
6/19/72
Police and Fire Commission
President Armstrong reappointed Stanley Lieberman to the Police
and Fire Commission for a three year term. Trustee Osmon
moved the Board concur with the President 's appointment of
Mr. Lieberman. Trustee Vogt seconded the motion, and upon a
voice vote , the motion passed unanimously.
Well #3
Mr. Seaberg reviewed with the Board the recommended changes
in the contract for the rehabilitation of Well #3. Trustee
Osmon moved the Board approve the recommendations of Alvord,
Burdick and Howson and the Village staff. Trustee Vogt
seconded the motion, and upon a voice vote , the motion passed
unanimously.
Resolution #0-72-16
President Armstrong read Resolution #0-72-16 , a resolution
authorizing the submission of a permit application to the
Department of Transportation , Division of Waterways , for the
realignment of Buffalo Creek. Trustee Osmon moved the Board
approve Resolution #0-72-16 , as read. Trustee Vogt seconded
the motion, and upon a voice vote , the motion passed unani-
mously.
Carnival
Trustee Vogt stated that a game at the recent carnival possibly
was illegal. A lengthy discussion followed.
Minibikes
Trustee Mahoney moved signs be posted on the property located
on Lake-Cook Road to prohibit minibikes close to the parkway.
Trustee Shirley seconded the motion , and upon a voice vote , the
motion passed unanimously. Trustee Mahoney requested Mr. Larson
to meet with the Park District to locate a piece of land safer
for minibike riding.
Trustee Osmon requested the flood insurance discussion be on
the July 3 agenda.
There being no further business to conduct, Trustee Mahoney
moved the meeting adjourn. Trustee Shirley seconded the motion,
and upon a voice vote, the motion passed unanimously.
Time : 12 :50 A.M.
Respectfully sN„,___ __
ubmitted,
i
Village Clerk
A •pIi .ay of !411,
; .; ,,
, 1972
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