Loading...
1972-09-05 - Village Board Regular Meeting - Minutes 2556 9/5/72 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES , ILLINOIS, HELD TUESDAY, SEPTEMBER 5 , 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 Fabish , Shirley , Osmon , Rathjen , Mahoney , Driscoll Also present were Mr. Daniel Larson , Village Manager, Mr. Arnold Seaberg, Village Engineer, and Mr. Richard Raysa, Village Attorney. 1. Minutes of August 28 , 1972 Trustee Osmon moved the minutes of August 28 , 1972 , be approved as submitted. Trustee Shirley seconded the motion, and a roll call vote found the following : AYES : Trustees Fabish, Shirley , Osmon, Rathjen, Mahoney, Driscoll NAYES : None The motion carried. 2. Warrant #247 Trustee Shirley read Warrant #247 , in the amount of $58 ,325.19 , and moved for its approval. Trustee Osmon seconded the motion. Discussion took place regarding several items , but no changes were made. A roll call vote found the following: AYES : Trustees Fabish , Shirley , Osmon , Rathjen , Mahoney , Driscoll NAYES : None The motion carried. 3. President' s Report Arlington Heights Road Gary Alstot of Alstot and March, engineers for Arlington Heights Road, presented a progress report on the road. He stated that the road will be open this week and that the delay was caused by the weather. The County will do the striping. In response to a question from President Armstrong, Mr. Alstot recommended the 900 feet north of Dundee Road be repaired with temporary pavement. He estimated the cost to be $6 ,000 and would last approximately one year. 2557 9/5/72 4. Village Manager's Report Flood Control Mr. Larson reviewed with. the Board his Flood Control Status Report, dated August 30 , 1972 , which covered the investigation of illegal sump pump connections , televising and grouting of the sanitary sewer, construction of the Elmwood Court retention basin, construction of a storm sewer from Beechwood Road to the Happ Farm, construction of a drainage swale on Beechwood Court East, in- stallation of drains in the Mill Creek area, construction of a drainage swale in University Court area, installation of a storm sewer on Dundee Road, construction of Buffalo Creek Retention Lake, construction of drainage swale in Bradley Court area, re- alignment of Buffalo Creek, and cleaning of Farrington Ditch. In response to a question from Trustee Osmon , Mr. Larson stated that the Division of Waterways is still reviewing the Buffalo Creek Watershed and its potential problems and are trying to secure funds . In response to a question from Trustee Rathjen, Mr. Larson stated that White Pine Strip has been seeded. In response to a question from Trustee Rathjen, William Kiddle , President of the Buffalo Grove Park District, stated that they do not want ownership of the White Pine Strip. Mrs . Thornton, 407 Navajo Trail , and Mrs . McKay , 427 Navajo Trail, were present and displayed pictures of flooding on their street after a rain. Mr. Larson stated that this will be investigated. Concerned Citizens Ray Maho wxeque ted a poll of the Board with regard to their feelingsAabouT 'a conflict of interest in the President's new position with Otis and Associates . After discussion, President Armstrong polled the Board to determine if they support him in his decision and found the following: YES : Trustees Fabish , Shirley, Osmon , Mahoney , Driscoll NO: Trustee Rathjen 5. Standing Committee Reports Legislative In response to a question from Trustee Mahoney , Mr. Raysa stated that the amendment to the BOCA Code regarding swimming pools is ready and will be submitted for a future agenda. 2558 9/5/72 6 . Committee of the Whole Promontory West William Frances challenged President Armstrong's right to par- ticipate in discussion of Chesterfield' s request for reconsid- eration regarding their project development, because it would be a direct conflict of interest. President Armstrong stated that there would be no conflict of interest. Fred Hillman, Executive Vice President of Chesterfield Builders , reviewed with the Board his letter of August 29 , 1972 , requesting reconsideration of an amendment to their annexation agreement which would reduce the number of dwelling units to 284 townhouses , with 25% being 2-bedroom and 75% being 3-bedroom. He listed added amenities and contributions to School District #96 . In response to a question from Trustee Shirley , Mr. Raysa stated that at the time a decision is made , the meeting should be pub- lished; however, discussion may take place regarding reconsider- ation of the matter. A lengthy discussion took place regarding the contribution to School District #96 . Mr. Hillman offered approximately $64,000 , according to a letter from the Illinois School Consulting Service of May 18 , 1972. School District #96 requested approximately $94,000 , according to the Naperville Ordinance with the land value set at $22 ,000 per acre. William Kiddle, President of the Buffalo Grove Park District, stated that they have had no discussions with Chesterfield since the petition was rejected by the Board in May , 1972 . He stated that they request a full and complete study and that they request Chesterfield to submit full preliminary working drawings to scale that relate to recreational facilities . He felt the Chesterfield rendition should be brought into agreement with the Park District Master Plan. He questioned the fishing dock, location of the green belt, and size of the recreational facility. In response to a question from President Armstrong, Mr. Kiddie stated that Mr. Hillman rejected their suggestions at their last meeting. Mr. Richard Heinrich stated that he attended the meet- ing referred to, and that Mr. Hillman was not given the opportun- ity to negotiate. Mr. William Hitzeman, Superintendent of School District #96 , stated that the letter from the Illinois School Consulting Service refer- red to land value in DuPage County. He then read a letter from the School Board to Mr. Hillman , dated June 13 , 1972 , stating that the Board reaffirmed their support of the Naperville Ordinance and requested Mr. Hillman to use the student yield as outlined in that Ordinance , and to use $22 ,000 as cost per acre of developed land. 2559 9/5/72 Trustee Shirley stated that in light of the number of annexa- tion requests coming to the Village, he requested consideration of the adoption of the Naperville Ordinance to be on the agenda. President Armstrong stated that this would be on the September 18 agenda. Trustee Shirley then requested a status report on Chesterfield's involvment in the drainage problem in the Cambridge area. Mr. Seaberg stated that this work should be completed this week. A discussion took place with regard to obtaining an appraisal of the land being discussed. It was decided if the developer does not agree with the amount set by the Board, he may submit other appraisals. Trustee Mahoney asked if the developer would agree to $22 ,000 per acre with the right to challenge. Mr. Hillman stated that it is a possibility, but further noted that if he builds his devel- opment as now approved, there would be 188 students , and the new proposal would produce 226 students . For this reason , he felt the request of $93 ,000 was unfair. In response to a question from Trustee Rathjen, Mr. Hillman stated that a fully engineered plat of subdivision must be approved by the Board at a later time. In response to a question from Trustee Rathjen , Mr. Hillman stated that he did not know if the lake will be large enough to stock fish. In response to a question from Trustee Rathjen, Mr. Hillman stated that if there is an increase in student yield, there will be a comparable increase in cash contributions . Trustee Fabish suggested that instead of the cost of land being considered, it should be based on expenses incurred by the gov- ernmental agencies when developed. Mr. Clayton of School District #96 requested the "actual experience" review of the development, as referred to in item #3 of Chester- field' s request, be more specific. President Armstrong suggested the review be made at the completion of the last townhouses . Trustee Osmon requested the screening between the commercial and residential to be a fence, in order to prevent blowing papers . Trustee Osmon moved the Board be polled to determine if they favor the consideration of changes in the annexation agreement. Trustee Mahoney seconded the motion. After discussion, the motion was withdrawn. Trustee Mahoney moved the Board direct the Village Attorney to confer, as soon as conveniently possible , with the attorney for 2560 9/5/72 the developer for the purpose of drafting a tentative agreement between the Village and the developer embodying the substance of the developer' s letter of August 29 , 1972 , for presentation to this Board for purposes of a public hearing as soon as possible. Trustee Osmon seconded the motion, and a roll call vote found the following : AYES : Trustees Fabish, Osmon, Mahoney , Driscoll NAYES : Trustees Shirley and Rathjen The motion carried. 10 :25 P.M. - The President declared a recess. 10 : 55 P.M. - The meeting resumed. Sign Variation/Cambridge on the Lake Trustee Fabish moved consideration for a variation of the Zoning Ordinance for advertising signs at the Cambridge on the Lake dev- elopment be removed from table. Trustee Mahoney seconded the motion, and upon a voice vote, the motion passed unanimously. William Frances objected to the President' s participation in this discussion because a precedence could be established which could effect the company for which he works . President Armstrong stated that there is no conflict of interest, and that Ordinances will be followed and the Board has the right to grant variances . Mr. Raysa stated that there is nothing illegal in the President 's par- ticipation in the discussion. It was Mr. Raysa' s opinion that the Zoning Ordinance , with ref- erence to size of signs , prevails because it is the more re- strictive, and that total sign area cannot exceed 400 feet. Mr. Larson noted that Police Chief Walsh has investigated the matter and is of the opinion that no direct threat to the safety of motorists is involved. Trustee Mahoney moved the Board approve the recommendation of the Zoning Board of Appeals . Trustee Rathjen seconded the motion and asked the total square feet in signs recommended to be left standing. Mr. Heinrich of the ZBA stated that the variation is recommended because of the length of time the signs have been there, that signs #1 and #4 , having 128 square feet per side, are required by law, and that the large remaining sign has 352 square feet per side. A roll call vote found the following: AYES : Trustees Fabish, Shirley , Osmon, Mahoney , Driscoll NAYES : Trustee Rathjen The motion carried. After discussion, President Armstrong requested Trustee Osmon to meet with the Zoning Board of Appeals to determine a recommendation regarding advertising signs for developers . 2561 9/5/72 Water Reservoir Upon review, Trustee Fabish moved the Board approve the proposal for the design of the 1,000 ,000 gallon water storage reservoir on the Well #2 site. Trustee Mahoney seconded the motion. The motion was amended and seconded to be subject to Mr. Raysa's approval. Trustee Osmon requested proof of ommission insurance submitted by the engineer. He further questioned (f) because he felt the total design is the responsibility of the engineer and any changes are his . Trustee Mahoney felt the provision for arbitration should be more specific. Trustee Shirley noted that Hattis ' fee is reduced because of information on hand and possibly out of pocket expenses should be provided. Trustee Osmon stated that the reduced fee is because Hattis already has drawings . A roll call vote found the following : AYES : Trustees Fabish, Shirley , Rathjen , Mahoney , Driscoll NAYES : Trustee Osmon The motion carried. Traffic Signal Mr. Larson reviewed with the Board the need of a traffic signal at the western intersection of Arlington Heights and Dundee Roads , recommended that one be installed, and consideration of temporary improvement to the 900 feet of Arlington Heights Road, north of Dundee be deferred. In response to a question from President Armstrong, Mr. Larson stated that MFT fund may not be used because it is a temporary use, and that the expense must come from the general fund. He further stated that he was advised, that because of the contractor Dundee Road may take two years to be completed. A lengthy discussion followed. President Armstrong requested Mr. Larson to prepare a resolution to the appropriate state agency registering our concern in the selection of the contractor for Dundee Road and urging that agency to assure the Village that the construction of the road will not take longer than normal. Mr. Larson stated that his reasons for not recommending expenditure for the 900 feet of Arlington Heights Road north of Dundee are that heavy duty construction traffic from the high school site will cause damage, that when the storm sewer is installed, the road will be torn up in part, and that Public Works can maintain it with hot patch. Trustee Fabish moved the Board approve the temporary traffic light at the western intersection of Arlington Heights and Dundee Roads . Trustee Mahoney seconded the motion, and a roll call vote found the following: AYES : Trustees Fabish, Shirley , Osmon, Rathjen, Mahoney, Driscoll NAYES : None The motion carried. 2562 9/5/72 Trustee Rathjen moved the Board direct Trustee Shirley , Mr. Larson, and Robert Collins to thoroughly investigate the possibility of finding $6 ,000 to pave Arlington Heights Road, 900 feet north of Dundee. Trustee Mahoney seconded the motion and a voice vote found the following : AYES : Trustees Shirley , Rathjen, Mahoney , Driscoll NAYES : Trustees Fabish and Osmon The motion carried. Resolution #0-72-29 President Armstrong read Resolution #0-72-29 , a resolution prohibiting parking on Farrington Drive from Woodhollow Road to the east entrance to Willow Stream Park. Trustee Osmon moved Resolution #0-72-29 be approved as read. Trustee Shirley seconded the motion, and upon a voice vote , the motion passed unanimously. Mill Creek Apartments Upon the recommendation of Police Chief Walsh, Trustee Fabish requested Mr. Larson to contact the proper people in order to install a stop sign at the intersection of Mill Creek Apartments and Arlington Heights Road. Mill Creek School Site Trustee Osmon stated that Mr. Gill of School District #21 stated that the mound of dirt on the Mill Creek School site must be removed because it is delaying construction of the schooL Mr. Larson stated that he will be meeting with Miller Builders on Thursday about this matter. Dundee Road Watershed Mr. Larson reviewed with the Board a draft of an agreement with the Metropolitan Sanitary District , the Department of Transportation and Daniel Taggart, owner of the Arlington Country Club for flood control of the Dundee Road and White Pine Ditch area. Mr. Raysa expressed concern on the sections regarding maintenance and indemnity. Mr. Raysa stated that Mr. Taggart is requesting the Village to construct a bridge over Buffalo Creek at a cost of $25 ,000 .(estimated) . Mr. Raysa questioned the cost of the bridge , cost of easement, and maintenance for the retention facility. After discussion, the Board advised Mr. Raysa that they did not want to pay Mr. Taggart for the bridge or easement. A new draft will be submitted at a later meeting. 2563 9/5/72 Buffalo Grove Days Trustee Shirley reported that Buffalo Grove Days , 1972 , was a success. President Armstrong thanked Trustee Shirley , Mr. Chamberlain, and Mr. Bonner for a job well done. Storm Control Mr. Larson announced that the Small Business Administration Bureau will be holding a meeting on September 7 , at 8 :00 P .M. , at Rolling Meadows Village Hall to discuss flood relief for homeowners. He then announced that on the same evening a meeting will be held in the Wheeling Village Hall pertaining to the Buffalo Creek Watershed and all members of the Board are invited. Emergency Generator Trustee Osmon reported that he had obtained estimates on an emergency generator for the Police and Fire Departments . A used generator with a new warranty is $1 ,600 and a new one for $2 ,100 . Well #3 In response to a question from Trustee Osmon, Mr. Larson stated that the rehabilitation of Well #3 is complete and ready for operation. Trustee Osmon requested the top of the structure to be enclosed and tools to be put in the proper place. 7. Questions from the Audience In response to a question from the audience, Trustee Fabish stated that Otis was annexed to the Village prior to the President' s employment with them. He further stated that the builder has to conform to the codes , and if he should come to the Board for a variation , the President will not be able to participate. In response to another question , Trustee Fabish stated that the President controls the meetings , not the Board. In response to a question from Mr. Frances , Mr. Larson stated that enforcement of codes falls in the realm of responsibility of the Village Manager, and that he works for the Village of Buffalo Grove and hired by the Village Trustees. It was noted that the Village Manager Ordinance states that the Manager is hired by 5/7 of the corporate authorities . In response to a question, Trustee Mahoney stated that he did not feel there will be a conflict of interest. 2564 9/5/72 In response to a question, President Armstrong stated that he will be speaking to various Homeowner's groups regarding his new employment. In response to a question from Ray Mahoney, President Armstrong stated that he was elected to be Village President, that in 12 years many good things have happened to the Village, that in the next 21/2 years we will continue on to better things , that he is in the position to do a good job with no conflict of interest. He further stated that if he found it was a conflict of interest, he would resign. In response to a question from Gordon Tierney, Mr. Larson stated that variations sometimes take several months to be heard. Police Pension Fund Mr. Albert Frankel announced that he will be moving to Florida; therefore, he will be resigning from the Police Pension Fund Board. There being no further business to conduct, Trustee Osmon moved the meeting adjourn. Trustee Fabish seconded the motion , and upon a voice vote, the motion passed unanimously. Time : 12 :25 A.M. Respectfully submitted, Village Clerk ApprovedAhi.s day of -r , 1972 Ale V. 1 age Pr- ident