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1971-03-08 - Village Board Regular Meeting - Minutes 2185 3/8/71 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE , COUNTIES OF COOK AND LAKE , ILLINOIS , HELD MONDAY , MARCH 8 , 1971 AT THE MUNICIPAL BUILDING , 50 RAUPP BLVD. , BUFFALO GROVE , l ) ILLINOIS . V The President called the meeting to order at approximately 8 : 05 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 Thompson; Trustees Felten , Gleeson, Thorud , Armstrong , Fabish , Cimaglio Also present were Mr. A. Seaberg and Mr. R. Raysa 1 . Minutes of February 15 , 1971 Trustee Cimaglio moved the minutes of the meeting of February 15 , 1971 be approved as submitted. Trustee Felten seconded the motion and upon roll call vote the motion carried unanimously . 2 . Minutes of February 22 , 1971 Trustee Thorud moved the minutes of February 22 , 1971 be approved as submitted. Trustee Gleeson seconded the motion. Trustee Felten stated he wished to make a proposal reference Arlington Heights Road at the end of this meeting if there was time . Trustee Fabish questioned the attorney reference the Implied Consent Law. Mr. Raysa stated he would obtain a copy of the bill and read it , however, the Implied Consent portion was a good law to help enforce- ment of driving while under the influence of intoxicating beverages . The Clerk called the roll on the motion to approve the minutes and it carried unanimously . U3 . Warrant #210 Trustee Gleeson read General Fund Warrant #210 in the amount of $32 , 716 . 81 . Trustee Gleeson moved Warrant #210 be approved for payment . Trustee Cimaglio seconded the motion and upon rollcall vote the motion carried unanimously . 2186 3/8/71 4 . Warrant #86 Trustee Gleeson read Waterworks Warrant #86 in the amount of $27 , 833 . 96 . Trustee Gleeson moved Warrant #86 be approved for payment . Trustee Fabish seconded the motion and upon roll call vote the motion carried unanimously . C 5 . Plan Commission Report President Thompson stated the Plan Commission report would be taken up under Old Business . OLD BUSINESS 6 . Laboratory Bids - Sewerage Treatment Plant President Thompson stated that Mr. Davis was requesting an extension for the opening of the bids for the lab since there were none received. Trustee Felten moved the opening of the bids be tabled until March 15th . Trustee Gleeson seconded the motion and upon roll call vote it carried unanimously. 7 . Reservoir - Well #2 - Bid opening. President Thompson then stated that as per publication of Notice for Bids , those received for the reservoir for Well #2 will now be opened. He further stated the bid will not be awarded tonight but all bids will be given the engineers to check and verify as to specifications and report back to the Board. The following bids were then opened: Gerhardt F. Meyne Co. Total bid $116 ,900 . 00 300 W. Washington Chicago , Illinois General Const . 93 ,900 . 00 Mechanical 18 ,000 . 00 Electrical 5 ,000 . 00 Completion date was 120 calendar days and a certified check for $14 ,000 . 00 was included. Ockerlund Construction Co . Total bid $96 ,550 . 00 8778 North Ferris Ave Morton Grove , Illinois General Const . 72 ,550 . 00 Mechanical 21 ,000 . 00 Electrical 3 ,000 . 00 2187 3/8/71 Completion date was 170 calendar days and a Cashier ' s Check in the amount of $10 ,000 . 00 was included. Corbetta Construction Co . Total Bid $155 ,200 . 00 of Illinois , Inc. 875 East Rant Road General Const . 129 ,200 . 00 Des Plaines , Illinois 60016 Mechanical 21 ,000 . 00 Electrical 5 ,000 . 00 Completion date was 85 calendar days and a certified-check in the amount of $20 ,000 . 00 was included . George D. Hardin , Inc. Total bid $128 ,545 . 00 2130 S . Michigan Avenue Chicago , Illinois General Const . 102 ,545 . 00 Mechanical 22 ,000 . 00 Electrical 4 ,000 . 00 Completion date was 180 calendar days and a certified check in the amount of $15 ,000 . 00 was included. Keno E Sons Construction Co. Total bid $107 ,900 . 00 3250 Skokie Highway Highland Park , Illinois 60035 General Const . 82 ,500 . 00 Mechanical 20 ,900 . 00 Electrical 4 , 500 . 00 Completion date was 100 calendar days and a certified check in the amount of $14 ,000 . 00 was included. Bulley & Andrews Total bid $106 , 152 . 00 1755 West Armitage Ave Chicago , Illinois General Const . 82 ,050 . 00 Mechanical 18 ,538 . 00 Electrical 5 ,564 . 00 Completion date was 138 calendar days and a cashiers check in the amount of $12 ,500 . 00 was included. William A. Randolph Total bid $124 ,480 . 00 6340 Capulina Ave Morton Grove , Illinois General Co nst . 101 ,980 . 00 Mechanical 20 ,000 . 00 Electrical 2 ,500 . 00 Completion date was 180 calendar days and a cashiers check in the amount of $15 ,000 . 00 was included . 2188 3/8/71 Egyptian Construction Co . , Inc. Total Bid $141 , 481 . 00 12121 West Higgins Road Des Plaines , Illinois General Const . 116 ,231 . 00 Mechanical 20 ,000 . 00 Electrical 5 ,250 . 00 Completion date was 185 calendar days and a cashiers check in the amount of $15 ,000 . 00 was included. William Zeigler Son Inc. Total Bid $135 , 338 . 50 P.O . Box 250 Round Lake , Illinois General Const. 103 ,438 . 50 Mechanical 26 , 700 . 00 Electrical 5 ,200 . 00 Completion date was 180 calendar days and a cashiers check in the amount of $15 ,000 . 00 was included. There were no further bids to be opened. Trustee Cimaglio moved the bids be turned over to the Village Engineers for their perusal and that a report be made at the next meeting on March 15 , 1971 . Trustee Armstrong seconded the motion and it carried unanimously . 8 . Plan Commission Report (Doc. #71_10) President Thompson then stated that Mr. Richard Houpt is representing the petitioners and Mr . Harvey Cohen is representing the Concerned Citizens Group . Mr. Houpt then thanked the Village Board for the opportunity to present their petition to the Board and gave a brief history of the background reference the proposed development . He stated they wished to design and present a plan which would be attractive and desirable as well as economically feasible . He stated public hearing commenced on January 20th and continued for several weeks before the Plan Commission and further that he would commend Mr . Berth and the members of the Plan Commission for the manner in which they conducted the hearing since everyone interested had an opportunity to be heard. He stated they were aware of their function and responsibility in considering the development . 2189 3/8/71 He stated it became apparent during the course of the hearings that the main concern of the citizens was density and traffic surrounding the area. He stated they have reworked the plan to make it workable from the owner 's standpoint and substantially meeting the number of suggestions made by the interested parties who discussed the situation with them. He stated he felt the planners have come a long way toward accomplishing and meeting all the concerns expressed by individuals, members of the Plan Commission and the property owners . Mr. Rodney Katzenberg was then introduced and he explained the various modifications to the plan. He presented the Board with revised data sheets, (Doc. #71-07 and 71-08) prepared for a 780 unit complex. The parking spaces have been brought up to 1.7 per unit and the buildings along Golfview Terrace will be two story only. Addition- ally, the parking will be moved to the back of the buildings facing Golfview Terrace. The traffic has been circulated to flow to Buffalo Grove Road rather than on Golfview Terrace. The build- , ings have been reoriented and have been angled rather than being horizontal to minimize the exposure. Mr. Houpt then presented a letter to the Village Board (Doc . #71-09) which outlined the limitations the owners of the property will agree to. Mr. Houpt further stated that throughout the dis- cussions, concern was expressed for the development of the park site in the area. He stated Mayor Thompson and the Trustees have stated the development of the park site would be a great contribution to the community and would also enhance the petition- ers property, therefore, the owners have agreed to expend up to $25, 000.00 for the development of the park site in accordance with a mutually agreed upon plan of development. 8 :50 P.M. President Thompson declared a recess to allow those present to view the new plan so that questions could be asked later. 9 :00 P.M. The meeting was reconvened. President Thompson then recognized Mr. Harvey Cohan, Attorney representing the Concerned Citizens . Mr. Cohan stated his comments would be brief and by a unanimous vote the Concerned Citizens accept and applaud the plan. He further stated they wish to withdraw their petitions filed against the development and ask that the Village Board support the development. 2190 3/8/71 President Thompson then read the Plan Commission Report (Doc. 71-10) as well as a Minority Report (Doc. #71-11) and an Absentee Report (Doc. #71-12) citing reasons for the recommend- ations of the Plan Commission. Additionally, President Thompson stated there were 88 pages of testimony presented for the file. President Thompson then asked for Questions from the Board of Trustees . Trustee Cimaglio questioned whether the project will contain a water retention basin as stipulated by the MSD. Mr . Frank stated they will have to obtain permits for sewer connections and if at that time the MSD required water retention, they will have to comply, however, presently they have no pro- visions for water retention and further stated they would hope it would not be required because of its close proximity to the school . Trustee Cimaglio questioned whether the $100.00 per unit donation for the first 250 units will be made. Mr. Frank stated it would be, in addition to that stipulated for the park improve- ment. Trustee Cimaglio questioned where the buildings on Golfview would be located. Mr. Houpt stated it would be a minimum of 135 feet from the homes . Trustee Cimaglio questioned whether the owners would be willing to erect a fence along that portion of the property near the school, should the school so request. Mr. Frank stated he felt they would want a fence there regardless of whether the school requested one or not. He further stated they will put a fence along the rear of Chenault if the owners request it. Trustee Fabish questioned whether the provisions agreed to will be in the form of an agreement. President Thompson stated they would be incorporated in the ordinance approving the develop- ment and the plan will be entitled an exhibit and attached thereto. Trustee Felten questioned the program development. Mr. Frank stated they would start at Dundee Road immediately upon approval of engineering. He stated they estimate completion in approxi- mately five years . Mr. Frank further stated that they will have exterminators come into the area prior to beginning any excavation, at the request of Mayor Thompson. Trustee Armstrong stated he would only make a comment with respect to the money they are willing to donate to the park, that being, that the money be turned over directly to the park 2191 3/8/71 rather than being given to the Village . President Thompson stated the land has to be turned over to the Village and then to the Park and asked Mr. Kiddie whether he thought the Park would agree to the covenant that the money be used only there. Mr. Frank stated the money would be available to the Park, how- ever, they do not want the money sidetracked and want to have it used only to improve the Park Site. President Thompson stated the developer should enter into an agreement with the Park District as to the use of the funds . Trustee Thorud questioned the Day Care Center citing Chapter 23 of the Statutes which provides licensing requirements and pro- visions for such a center. Mr . Frank stated that the center will be for the convenience of the residents of the complex and will be handled by the management. Trustee Thorud further stated it has been rumored that there will be efficiency apart- ments on the site behind the bank and he questioned what effect that would have on the drainage of the petitioner ' s site . Mr. Frank stated he did not know as this was not studied. Mrs . Lotta Samsky was then recognized and questioned the difference between a nursery and a day care center. Mr . Frank stated none ; however, it is their intention to use that area for care of pre-school children in the development. Mr. Raysa, Village Attorney, reminded Mr. Frank of operating a business in the Planned Development. Mr. Frank stated they have no in- tention of violating the ordinances and they will have to work out definite plans, however, it is not their intention to bring in children from surrounding areas . The Traffic & Safety Committee Report (Doc. #71-13) was then read into the record. The Committee recommended there be no limit on turns at the Golfview Terrace Entrance and further that there be road access to the shopping center and between the clusters . Mr. Frank stated that the right turn only was placed there at the recommendation of the Plan Commission to alleviate the traffic on Golfview Terrace going past the school. Mr. Harvey Cohen stated they would object to the recommendation of the Committee because they approve of the plan with the right turn only restriction. Mr. Kolk, a member of the audience questioned whether the devel- oper would be responsible for the removal of snow, etc. Presi- dent Thompson stated they would have to abide by all the or- dinances concerning health and welfare of the citizens . 2192 3/8/71 Mn Bloethner and Mrs . Cooley of Golfview Terrace commented on the fact that the traffic surrounding the school was heavy with mothers driving school children and to allow apartment dwellers to add to the congestion would make it impossible for them to leave their driveways during peak times . Mr. Kolk asked when the final approval of the traffic plan would be approved. President Thompson stated when they bring in their final plat for approval to the Plan Commission. He stated if it is not in substantial conformity with the exhibit presented, they will have to comply prior to receiving approval. Mr. Haarr questioned the ratio of the apartments . Mr . Houpt stated it would be 57% two bedroom apartments . Mr. Frank then commented on the Traffic and Safety Committee Report and stated that with reference to the right turn only, they will remain neutral. He stated they are opposed to road access to the shopping center since they are owners of the shopping center and feel the people should enter the shopping area as others do and park in the lot rather than entering from the rear and causing a hazard with delivery trucks . He stated that to have road access between the clusters would de- feat the purpose of the pedestrian walkways to the green areas . He stated they will connect the parking areas by means of a wide sidewalk barricaded with shrubbery so that in an emergency they could be driven over. Mr . Kiddle was recognized and stated he wished to thank Mr . Frank for his generous donation, however, he questioned whether some type of fencing would be erected to protect the park area until the construction was finished. Mr. Frank stated they would appropriately fence all construction areas to keep children out. Discussion followed concerning the placing of a time limit on construction. Mr. Frank stated they have estimated a five year program, however, they would not want to rush into anything should market conditions indicate that it would not be feasible, nor do they want to construct anything in a hurry just to comply with the time limitation. Mr. Raysa stated he would not reco- mmend a time limit since it would revert back to the R-9 zoning. Mr. Harvey Cohan stated that on behalf of his clients, he would ask that no time limit be placed on the construction of the complex. 2193 3/8/71 Mrs. Bloethner questioned placement of garbage cans. Mr. Frank stated they have not worked that detail out as yet, however, he assured her that they would not want to detract from their development in any way. Mr. Kolk questioned construction traffic on Golfview Terrace and Mr. Frank stated they would voluntarily agree to restrict construction traffic on Golfview. Mr. Schwermann questioned whether the ingress into the area would not attract traffic to Golfview. It was stated that at the time people would be coming home from work the school traffic would not be present and further that to make a left turn from Dundee Road, most people would go to a traffic signal. There being no further discussion, Trustee Cimaglio moved that the Plan Development be approved subject to the provisions stated, namely; right turn only on Golfview Terrace, height limitation on the buildings, donations to the Village and Park District, 830 units maximum, 360 one bedroom and 470 two bed- room, buildings a minimum of 135 feet from houses on Golfview, and 100 feet from homes on Chenault, fencing around construction, limitation of construction traffic on Golfview, sidewalk on south side of school site, provisions of MSD be complied with, reference water retention and a ten year limitation be placed on the development, further, that the attorney be directed to draft the necessary ordinances approving the plan. Trustee Gleeson seconded the motion. Mr. Hoyt expressed concern over the ingress into the develop- ment and Trustee Cimaglio stated he would like to have the report of the traffic survey to determine the impact on the area. President Thompson stated that should it become an im- possible situation, an ordinance can be passed to control the problem at that time. Further discussion followed reference time limitation on the development. Trustee Cimaglio amended his motion to exclude the ten year limitation. Trustee Gleeson seconded the amended motion. The Clerk called the roll and the vote was as follows : AYES : Trustees Felten, Gleeson, Thorud, Armstrong, Fabish, Cimaglio NAYS : None I', 2194 3/8/71 President Thompson then stated he wished to commend the citizens who have attended all the meetings for the decorum and under- standing they have displayed over this particular project. A recess was called at 10 :00 P.M. 10 :15 P.M. The meeting was reconvened. 9. Miscellaneous 1. President Thompson stated a portion of the minutes of the Northwest Municipal Conference reference the progress on the transportation study has been distributed to the Trustees . b. Trustee Felten then stated he wished to make a statement reference Arlington Heights Road. He stated in the interest of public safety, it is necessary that prompt, realistic action be taken by the Village of Buffalo Grove regarding the improvements of Arlington Heights Road that would best benefit the community. Thus far, the approach taken in solving this problem, he believes has been impractical as a great amount of money and time would be expended before the road would be safely passable. He stated the approach thus far is (1) the completion of a traffic survey required by the state in order to obtain MFT funds, (2) detailed specifications and engineering, (3) approval from the state, (4) the lack of Village MFT funds, (5) the lack of cooperation from the Village of Long Grove, Village of Arlington Heights, and Wheeling Township, (6) other road improvement needs of the Village, (7) the lack of other funds (8) the other increasing demands of the Village. He further stated present estimates for the improvement of Arlington Heights Road is $519.250 with a design of a two lane (24 foot wide) asphalt road. With the increasing development of this area and the projected traffic flow, it is very conceivable that the requirements set by the state in order to obtain MFT funds would be a four-lane, cement type road. A rough estimate of this type road would exceed 12 million dollars. In order that the Village avoid any hasty decisions that would be costly to the taxpayer, Trustee Felten stated he proposed that the Village take sufficient time to study in detail the financing, planned engineering and to negotiate with other governmental bodies of concern with the ultimate goal of MFT approval and a good sound stable road. Trustee Felten further proposed that in the meantime, action to improve the road immediately be taken as follows : (1) rough grade shoulders for drain-off with a 2195 3/8/71 grader (2) stabilize and grade the road with a blade ( 3) apply 2 " asphalt over the existing road (4) set load limits and rigidly enforce them. He stated the estimated cost for this project is $75, 000 to $100, 000 with a life expectancy of five years. He stated he proposed the following method of financing : (1) a portion be donated by the builder along this road, namely; Levitt and possibly Chesterfield and Ballantrae (2) governmental agencies such as Wheeling Town- ship, Arlington Heights, Long Grove and Vernon Township might be willing to pay their share if the cost were not too high. Trustee Felten moved that the Village Engineer be directed to make a feasibility study and cost study of this proposal and report back to the Board of Trustees as soon as possible. Trustee Thorud seconded the motion. Discussion followed. Trustee Cimaglio questioned where Trustee Felten had gotten the figures, and Trustee Armstrong asked whether this was from Dundee Road to Route 83 . Trustee Felten stated there were pre- liminary figures given to him by the Engineer. Mr. Seaberg stated the figures were more or less correct, however, the five year life was not true, it would last maybe only one year. He stated the road is not properly drained, therefore, any work done on it must include storm sewers for drainage . Trustee Thorud stated at present it is the only solution to making the road usable and we cannot use MFT funds to repair the entire work since some of it is in another municipality. Mr. Seaberg again reiterated that such a repair would be an extremely temporary measure and a loss of money. Trustee Gleeson ques- tioned methods of financing. Trustee Felten stated some could be donated by the builder and if the cost is not too high, perhaps the other municipalities involved would contribute. Trustee Fabish stated drainage is the entire key to the solution of the problem since there is no base to the road. Attorney Raysa suggested that the county should be contacted to determine whether they would declare it a county road. President Thompson stated that the State of Illinois considers Arlington Heights Road a main artery and ultimately it will have to be a four lane road. Trustee Cimaglio questioned whether grading and scraping would help drain off the perm- anent puddles. He further questioned how a load limit could be enforced with the road under the various jurisdictions of other municipalities. Further discussion followed and Trustee Gleeson stated than an investigation is being con- ducted to determine whether general obligation bonds could be issued using MFT funds to retire the bonds rather than increase 2196 3/8/71 in taxes. A similar method was used in Hoffman Estates . Trustee Cimaglio asked for a vote on the motion and the President directed the Clerk to call the roll. The vote was as follows : AYES : Trustees Felten, Thorud NAYS : Trustees Gleeson, Armstrong, Fabish, Cimaglio The motion was declared defeated. Trustee Armstrong stated he hoped some schedule could be set up reference time to repair the road and asked for further in- formation on Trustee Gleeson ' s proposal. c. Trustee Armstrong questioned the status of the Flood Control Program. President Thompson stated should negotiations fail reference acquisitions of land, the White Pine Strip will be used. He stated upon questioning by Trustee Armstrong that the meeting with the various groups concerning flood control was very unsatisfactory and every organization was only interested in what funds they could secure for their own use with no general concern for surrounding areas. d. Attorney Raysa stated there would be another hearing before Judge Covelli reference the Cambridge drainage matter to get a ruling on the contention of the MSD that Chesterfield cannot build retention facilities without an outfall sewer. e. Trustee Thorud stated he would like to request that the Itinerant Vendor Ordinance be placed on the agenda for the March 15th meeting. f. Trustee Thorud then stated he would like to make a state- ment followed by a motion. He stated it has come to the attention of the President and members of the Village Board, after a study and investigation of engineering deficiences in the Village, which is the Board ' s opinion, were a result of either misfeasance, (continued) 2197 3/8/71 nonfeasance or malfeasance of the former Village Engineer. He stated in studies it was concluded that certain actions or inactions on the part of the engineer caused considerable financial expense to the Village. Trustee Thorud moved that the Village Attorney take the necessary action to consolidate the evidence and prepare a complaint of law for damages and commence to file an action against the engineer on behalf of the Village Board and the citizens of Buffalo Grove and he feels it is an obligation that the members of the Board have under their oaths of office to protect the interests of the citizens of the Village. Trustee Felten seconded the motion. Discussion followed and Mr . Raysa stated he would need specific facts as well as an evaluation as to cost to the Village . Trustee Arm- strong stated this should be done before a suit is initiated. Trustee Gleeson moved to table the motion. Trustee Armstrong seconded the motion and upon roll call the vote was as follows : AYES : Trustees Gleeson, Armstrong, Fabish, Cimaglio NAYS : Trustees Felten, Thorud Trustee Felten stated the Board is aware of the problems and he saw no reason to table action. f. Trustee Felten then questioned what the status of the Building Department was and whether it was equipped to handle all the developments coming in. He questioned whether there were any further code violations . Trustee Gleeson requested that the information be furnished in a form of report by the Building Department. Trustee Fabish questioned whether Mr. Raysa had any recommendations reference the solution to the jurisdiction problem on Arlington Heights Road. Mr . Raysa suggested writing to the County and State. President Thompson stated he had written to the various governmental bodies involved with copies to Representatives Coulson, Schlickman and Regner. He stated he has not as yet received an answer . He further stated he has contacted Mr. L.) Lehnhausen of the Department of Local Governmental Affairs ; however, he has been unable to find an avenue of relief. g. Trustee Felten asked that the updating of the building codes be on the agenda for March 15 and further questioned the status of the Tahoe sewer connections . President Thompson stated correspondence reference the Tahoe connections received on Friday and would be given the Trustees . 2198 3/8/71 There being no further business and no questions from the audience, Trustee Gleeson moved the meeting be adjourned. Trustee Fabish seconded the motion and it carried unanimously. l ) Time : approximately 11 :15 P.M. Respectfully submitted, • t6t-11-4-L-- , d-47-64-1-1-411 Village Cle • Approved this J day of , 1971 Villag Presiden I