1971-08-09 - Village Board Regular Meeting - Minutes 2325
8/9/71
MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE OF COOK AND LAKE,
ILLINOIS , HELD MONDAY, AUGUST 9 , 1971, AT THE MUNICIPAL BUILD-
ING, 50 RAUPP BLVD. , BUFFALO GROVE , ILLINOIS .
President Armstrong called the meeting to order at approxi-
mately 8 :07 P.M. All present stood and recited the Pledge of
Allegiance to the Flag.
The Clerk called the roll, and the following were found present:
President Armstrong; Trustees Fabish, Shirley , Osmon, Rathjen ,
Vogt, and Mahoney
Also present were Mr. Frank Krebbs of Hattis Associates , Village
Engineers , Mr. Richard Raysa, Village Attorney , and Mr. Daniel
Larson, Village Manager.
1. Minutes of August 2 , 1971
Trustee Osmon moved the minutes of August 2 , 1971 be approved as
submitted. Trustee Fabish seconded the motion , and upon a roll
call vote, found the following:
AYES : Trustees Fabish, Shirley, Osmon, Rathjen, and Mahoney
NAYS : None
ABSTAIN: Trustee Vogt
2. Approval of Village Warrant #222
Trustee Shirley read Village Warrant #222 , noting a change in
the Waterworks Operation amount to $32 , 839 . 00 and the grand total
amount to $50 ,658.98 , and moved Village Warrant #222 be approved
as submitted with the corrections noted. Trustee Fabish seconded
the motion, and upon a roll call vote , the motion passed unanimously.
3. President' s Report
President Armstrong stated that he and Mr. Larson had met with
Mr. Welton, Lake County Highway Superintendent, Clarence Pontius ,
and the Chairman of the Lake County Highway Committee in a meeting
held by Mr. Welton. At this meeting, the Lake County officials
indicated a willingness to work with the Village to reconstruct
Arlington Heights Road, in that they will survey the road and sub-
V mit a plan of construction shortly after Labor Day. The work will
be done by the County , and the Village will be required to reim-
burse the County over an extended period of time . He further
stated that Cook County officials had not responded to the request
concerning that portion of the road.
The President stated that Mr. Friedman had agreed to install the
missing sidewalks in Ballantrae.
2326
8/9/71
The President stated that Mr. Larson will be meeting with Mr. Frank
requesting the removal of debris and the erection of a fence in the
construction area of the Ranch Mart Apartments.
4. Standing Committee Reports
Legislative (Document #71-35)
Trustee Mahoney requested that the presentation of the proposed
Swimming Pool Ordinance be on next week' s agenda and that copies
be available at the Municipal Building during the week for review
of interested citizens .
Public Relations
Trustee Vogt displayed a status board containing pictures of areas
in the Village which need cleaned and stated that as each area is
cleaned, it will be noted under the picture. He further requested
that civic organizations become interested in Village beautification.
Kassuba Apartments
Upon a question from the President, Mr. Seaberg stated that the
MSD will notify the Village when a decision is made concerning the
application made by Kassuba for apartments .
Traffic and Safety (Document #71-36)
Trustee Fabish presented the Traffic and Safety report (Document
#71-36) containing an interim report on CARTS , a recommendation
for certain changes in the Traffic Ordinance , a request to install
sidewalks in Ballantrae , and a recommendation to request the State
to lower the speed limit near the :intersection of Checker Drive
and Route 83. He further asked the feasibilit aPf rof cS:ontacting the
c era
State Highway Department requesting temporary c iphoc at Buffalo
Grove Road and Dundee Road and at Arlington Heights Road and Dundee
Road because these are hazardous intersections . The President re-
quested Mr. Larson to contact the State concerning this matter.
Trustee Shirley requested that the Committee consider alternate
sides of the street for parking from 9 P.M. until 6 A.M. The
President asked Mr. Larson to distribute to the Board copies of the
sections of the Traffic Ordinance,recommended for deletion, for re-
view of the Board before action is taken.
Buffalo Grove Days
Trustee Shirley encouraged all citizens to participate in Buffalo
Grove Days. He further stated that representatives of the Teen
Group were present to sell tickets to the Variety Show.
2327
8/9/71
8. COMMITTEE OF THE WHOLE
Stenholm Property/Annexation and Zoning
Mr. Carl Genrich stated that on July 7 , 1971, the Plan Commission
held a Public Hearing concerning the Stenholm annexation and
zoning to B-1 business district. He further stated that the
adjacent property owner communicated that he had no objections ;
however, there was a petition from objectors representing approxi-
mately 20% of the surrounding property owners . Matters of concern
to the Plan Commission about the annexation petition were the re-
quest for a side yard variance and their request of the Village
to agree to a maintenance of Zoning and Sub-division Ordinance
conditions as they now exist for a five year period. The Plan
Commission recommended to the Village Board the approval of annex-
ation of the Stenholm property petition, as amended to delete the
requirement for a 6-2/3 ft. side yard variance , and subject to
1. a minimum of 20 ft. green area to be maintained at the south-
ern boundary , and 2 . that a clause be added to revert back to R-1
zoning after five years if property has not been developed as a
business district. President Armstrong asked for the thoughts of
the Plan Commission for approving a blanket B-1 zoning. Mr. Genrich
stated that the Plan Commission prefers a planned development, but
the Zoning Ordinance 's purpose is to guide the growth and direction
of the use of property and control its use without being specific.
President Armstrong read the annexation agreement submitted by the
petitioner.
Mr. Robert DiLeonardi , attorney for the objectors , stated that the
objections are : 1. intrusion of business into a predominately
single family area, 2. depth of four hundred feet too great for
commercial, 3. the impact on property values , 4 . the broad variety
of land uses specified in B-1, 5 . ten ft. set back not enough ,
6 . restrictive covenants on the subject property , 7. notice of
public hearing refers to first annexation agreement and not one
considered tonight, 8. under State Statutes , the acknowledged pro-
test of 20% of adjoining property owners necessitates passage by
2/3 vote of all Trustees . Mr. Raysa stated that this Public Hearing
is a continuance of the first hearing; therefore, an additional
notice was not necessary, and that the agreement referred to may
be amended.
Mr. Sabin, attorney for the Stenholm„fami2h_y ,�t�s�tated that a restric-
tive covenant does not preclude a ,Zoning tJr'etin ricc-, 2. a 20 ft.
green area can be agreed upon, 3 . the Stenholms have sold the
property to Kemmerly Real Estate for an office , 4 . the highest
and best use of this land has to be commercial.
A lengthy discussion followed concerning the advisability of
granting blanket B-1 zoning, which would leave the Village no con-
trol as to the type of development. Trustee Rathjen moved that
the Board accept the annexation agreement presented subject to:
2328
8/9/71
1. the inclusion of a 20 ft. green area on the southern boundary,
2 . the property revert back to R-1 zoning after five years if the
property has not been developed as a business district, 3. all
future changes to the Village building ordinance , other than B-1
zoning, will apply to this property and 4. the right of the Board
to review the layout of any development on this property. Trustee
Osmon seconded the motion, and upon a roll call vote , found the
following:
AYES : Trustees Osmon, Rathjen, Vogt
NAYS : Trustees Fabish, Shirley, Mahoney
The motion was defeated because a 2/3 approval of the Trustees
was needed.
10 :05 - The President declared a recess .
10 :20 - The meeting resumed.
Hot Line Day
President Armstrong proclaimed August 27 , 1971, as Hot Line Day.
Zoning Board of Appeals
At the request of the Zoning Board of Appeals , President Armstrong
appointed Rod Jacobs and Tim Pettyto the Zoning Board of Appeals ,
their term of office being determined at a later date along with
the balance of the ZBA, and asked concurrence of the Board. Trustee
Fabish moved the Board concur with the President's appointment of
Mr. Jacobs and Mr. Petty to the Zoning Board of Appeals . Trustee
Osmon seconded the motion, and upon a voice vote , the motion passed
unanimously. President Armstrong stated that the regular monthly
meetings of the Zoning Board of Appeals is the third Tuesday of
each month at the Village Hall. A workshop meeting with the Plan
Commission is scheduled for the near future.
Resolution #0-71-30
President Armstrong read proposed Resolution #0-71-30 , a resolution
authorizing the State of Illinois to purchase for the Village.
Trustee Osmon moved the Board accept Resolution #0-71-30 as read.
Trustee Shirley seconded the motion, and upon a voice vote , the
motion passed unanimously.
Beechwood Road Drainage
Trustee Rathjen recommended an investigation of the feasibility of
an auxiliary storm sewer in the vicinity of 837 Beechwood Road to
assist the primary storm drain in the area, and request the Happs
to grant permission to clean the natural drainage on the North end
of their property and permission to put the excess storm water into
2329
8/9/71
the rejuvenated surface drainage ditch. Trustee Shirley moved the
Board direct a survey be made by Hattis Associates and report back
to the Board as to the practicality of the suggestion involved,
subject to an agreement with the Happs , and direction to be given
by the President. Trustee Rathjen seconded the motion. A voice
vote found the following:
AYES : Trustees Fabish, Shirley, Rathjen, Vogt, Mahoney
NAYS : Trustee Osmon
Proposed Agreement with Lake County for Sewage Disposal
Mr. Raysa stated that there are several aspects of the proposed
agreement with Lake County for sewage disposal to which he would
object. President Armstrong suggested that Mr. Raysa, Mr. Larson,
and Mr. Seaberg meet with Mr. Deegan to review the proposed agree-
ment, to work out something that would be agreeable to Buffalo
Grove, and indicate the Village 's desire to cooperate .
Contract Bid Opening
President Armstrong opened the contract bids received on the water
main connection at Bernard Drive and St. Marys Parkway and found
the following:
C B Construction Company , Inc. - $6 ,327 .00
Rosetti Contracting - $5 ,584 . 00
Scully, Hunter and Scully - $6 ,330 . 50
Trustee Shirley moved the three bids on the water main connection at
Bernard and St. Marys be referred to Hattis Engineers for review
and report at the next regular Board meeting. Trustee Osmon seconded
the motion, and upon a voice vote, the motion passed unanimously.
Engineering Fees
Mr. Larson recommended to the Board that Paragraph II of Sub-
Section B entitled Final Plans and Specifications of Section VIII
entitled Required Land Improvements of the Subdivision Regulation
Ordinance of the Village of Buffalo Grove be amended as follows :
"II. The applicant shall pay to the Village , three
and one half (32) per cent of the estimated cost of
construction of public improvements , payable as follows :
(a) One (1) per cent upon the review of plans by the
Village Engineer, and
(b) Two and one half (22) per cent after approval by
the President and Village Board of Trustees and before
construction shall begin.
All payments shall be by a certified check and all
inspections shall be made during construction by the
Village Engineer or his deputy. "
Trustee Osmon moved the Board accept these recommendations and
2330
8/9/71
direct the Village Attorney to prepare a proposed amendment to the
Subdivision Ordinance. Trustee Vogt seconded the motion, and upon
a voice vote , the motion passed unanimously.
Escrow Account #30414
Trustee Shirley moved the Board authorize the reimbursement of
$2 ,013. 35 to Escrow Account #30414 and deliver to American National
Bank. Trustee Osmon seconded the motion, and upon a roll call
vote, the motion passed unanimously.
B-1 Zoning
Trustee Rathjen recommended that the Legislative Committee examine
the series of land uses in the B-1 zoning and make a recommendation
as to the kinds of uses they find objectionable . President Armstrong
suggested that the Trustees review these land uses and make recom-
mendations , to be forwarded to the Plan Commission.
Stonegate Apartments
Trustee Fabish stated that according to the agreement with Stone-
gate Apartments , ivy vines were to be planted to screen the fence
next to residential property, which has not been done. He further
stated that the Contractor is dumping heavy concrete into Buffalo
li Creek and suggested requiring the Contractor to remove this .
Glen Grove Agreement
Trustee Fabish stated that screened plantings should have been
planted along Arlington Heights Road. Trustee Shirley stated that
this agreement was changed to install sidewalks.
Cambridge Condominiums
FK//e r,
Trustee Mahoney stated that he had received a complaint from,la
Cambridge citizen concerning the fact that on Wednesday, August 4 ,
a concrete pouring with heavy noise took place at 5 : 45 A.M. Mr.
Larson stated that when he contacted Mr. Brown concerning this , he
was advised that this was a new sub-contractor who was not aware of
the 7 :00 A.M. starting time.
There being no questions from the audience, Trustee Osmon moved
that the Board move into executive session to discuss litigation
and personnel. Trustee Mahoney seconded the motion, and upon a
voice vote, the motion passed unanimously. The Board moved into
executive session at 11:10 P .M.
There being no further business , Trustee Rathjen moved that the
meeting adjourn. Trustee Shirley seconded the motion, and upon
a voice vote , the motion passed unanimously.
Time : 12 :18 A.M.
/
2331
8/9/71
Respectfully submitted,
- Village Clerk
Approved this jG of �� .g�� , 1971
- /
gi- if
it : .e Presi.ent
Li