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1969-07-28 - Village Board Regular Meeting - Minutes 1681 7/28/69 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, HELD MONDAY, JULY 28, 1969, AT THE MUNICIPAL SERVICE CENTER, 150 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS `./ The President called the meeting to order at 8: 18 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, Warner Also present were representatives of Hattis Engineers, Village Engineers. The Village Attorney, Richard Raysa arrived at approximately 9: 30 P.M. 1. APPROVAL OF MINUTES OF JULY 14th Trustee Warner moved that the minutes of July 14th be approved as published. Trustee Gleeson seconded the motion and it carried unanimously. 2. WARRANT #165 Warrant #165 in the amount of $5, 796. 99 was read by Trustee Gleeson. Trustee Gleeson moved that Warrant #165 be approved as read. Trustee Warner seconded the motion and upon roll call, the motion carried unanimously. 3. WATERWORKS WARRANT #45 Trustee Gleeson read Waterwork Warrant #45 in the amount of $3, 868. 31. Trustee Gleeson moved that Waterworks Warrant #45 be approved as read. Trustee Fabish seconded the motion. Discussion followed. Upon rollcall, the motion carried unanimously. 4. MUNICIPAL BUILDING WARRANT #13 Trustee Gleeson read Municipal Building Warrant #13 in the amount of $14, 375.00. Trustee Gleeson moved that Municipal Building Warrant #13 be approved as read. Trustee Warner seconded the motion and upon roll call, the motion carried unanimously. 1682 7/28/69 5. PARK COMMISSION REPORT President Thompson stated that the Park Commission report indicates that the Chairman of the Park Commission, Harold Schoephoester, felt that he must resign and that a letter to that effect, dated July 28, 1969, has been received. President Thompson then read the letter. The President then stated that Mr. Schoephoester has served on the Commission for the last two years as its ' Chairman and has done a creditable job and that he would accept the resignation of MR. HAROLD SCHOEPHOESTER and extend at the same time the gratitude of the Municipality for the endeavors he has put forth on its behalf and then the President asked for the concurrence of the Board. Trustee Armstrong moved that the Board concur in the acceptance of the resignation. Trustee Warner seconded the motion and it carried unanimously. The President then stated that there are other recommendations on the report which would be handled under the appropriate titles in business. The President announced that the Circuit Court in Waukegan has seen fit to set a date for a referendum to decide whether the citizens wish to establish a Buffalo Grove Park District and that that date is September 20, 1969. 6. PUBLIC RELATIONS COMMITTEE REPORT President Thompson stated that the Public Relations Committee has confirmed in their written report the oral report given by Trustee Armstrong at the last meeting. President Thompson then asked Trustee Armstrong to elaborate on his committee ' s suggestion of a "Know Your Village Goveriment" pamphlet to be prepared and distributed by them. Trustee Armstrong then described in more detail this suggestion. President Thompson then read a letter received by Trustee Armstrong from the Strathmore Teen Club in which they request permission to paint house numbers on curbs. Discussion followed. Trustee Gleeson moved that the Board grant permission to the Strathmore Teen Club to go ahead and paint the numbers on the curbs. Trustee Warner seconded the motion. Discussion followed. Upon roll call, the motion carried unanimously. OLD BUSINESS 7. LAKE COOK ROAD President Thompson stated that Trustee Gleeson moved to reconsider the motion on Lake Cook Road at the meeting of July 21, 1969 and that this would now be the topic under discussion. 1683 7/28/69 Trustee Gleeson then stated that he has done some serious thinking about Lake Cook Road and has come to some conclusions which he would like to express. He went on to say that the Board has been con- sidering the County' s proposal against the Village ' s proposal and had been thinking only of the plan of the Village, its ' own layout and geography and that this road will go from point to point; namely, Rand Road on the west and Milwaukee Road on the east. He further stated that economically the County has chosen the best route. Trustee Gleeson pointed out on the map of Lake Cook Road where it would cut through several parcels of land were it to follow the proposed layout of the Village. Trustee Gleeson moved that the Board accept the proposed layout of Cook County as it is routed in green on the map of Lake Cook Road with the following provisions from the County: 1. A five foot fence along all play areas. 2. A four foot fence with screen plan .ng along residential areas. 3. Traffic lights at Raupp Blvd. with interrupt signals. 4. Traffic lights at Buffalo Grove Road. 5. A pedestrian overpass at Buffalo Grove Road. 6. Committment in writing of the speed limit on the highway. He further stated that three years from now the Village would need a road like this as we are at 10, 500 population now and would then be approaching 20,000 population. He went on to say that the problem as he sees it is should the road be diverted or they have to look for another right of way which would bring it to Route 83 and then stop that this would dump the traffic on the perimeter of the Village and were they to stop at Buffalo Grove Road it would dump the traffic right in the Village and that there is a traffic problem right now. Trustee Gleeson also included in his motion the following: 7. Complete the road as it now exists out to Buffalo Grove Road immediately to alleviate the situation as it is now. 8. Reimburse the Village for the right of way on Village property. Trustee Armstrong seconded the motion. President Thompson suggested that the motion might be amended to include reducing the size of the 16 foot median strip in the residential area to a 6 foot strip and thereby moving the southern lane of the road ten feet further from the residential area. He further stated that he would like to require that the County covenant to the Village that the speed limit would not exceed forty (40) m.p.h. President Thompson further suggested that the County should guaranty the Village that 1684 7/28/69 elevations, etc. should conform in such a fashion that easy access will be available for the Village' s fire equipment to be able to get in and out of the Municipal Building. Discussion followed. Trustee Fabish stated that the present routing proposed by County will isolate the building from the Village, that no matter who will use the building they will have to cross the major highway. He further stated that in 1964 the Village requested permission for the present alignment from the County and based on this, the Village went ahead with its ' planning. He stated that he still feels that the County can use the present alignment by softening the curves and elevating them, and that the Village will have to live with the problem not just for a year or two but until it ceases to function. Trustee Armstrong stated that it would not be long until the greater portion of the population would be living in the Lake County area and that he would prefer to see stockade fencing installed along the resi- dential areas rather than cyclone fencing with screen planing. Trustee Gleeson stated that with the stockade fencing there would be a main- tenance problem. Trustee Armstrong stated he would rather see all the fencing at five feet. Trustee Gleeson then amended his motion as follows: 9. Set the speed limit for the road at 40 m.p.h. 10. Consideration of ways to avoid taking homes within corporate limits. 11. Eliminate points one and two of the original motion and instead have a five foot fence through corporate limits with screen planting throughout residential areas. 12. Elevation, etc. of road to conform so that the fire equipment has easy access to Municipal Building. Trustee Armstrong amended his second to the motion. Trustee Thorud stated that as he wasn' t at the meeting where the pre- vious motion was made he was not able to express himself. He further stated that he has listened to both sides of the question at the meeting tonight and had talked to various people throughout the Village and that he feels with the increase in population in the northern section of the Village we could have an impossible situation. Trustee Thorud went on to say that the Board is going to have to do something soon and if the County will not accept the original proposed alignment the Village has made then the Board must look to an alternative and that a decision must be forthcoming rapidly on this. 1685 7/28/69 President Thompson asked for comments from the audience. One of the citizens requested that the Board recess so that they would be able to get a closer look at the map of Lake Cook Road. After a short discussion with the Board, President Thompson called a five minute recess. The President called the meeting back to order at 9: 17 P.M. Trustee Gleeson amended his motion to include the following: 13. Traffic lights at Arlington Heights Road. Trustee Armstrong amended his second. Upon roll call, the vote was as follows: AYES: Trustees Felten, Gleeson, Thorud, Armstrong NAYS: Trustees Fabish, Warner The motion carried. Upon a query by Trustee Warner, President Thompson stated that a copy of the minutes with a cover letter would be sent to the Cook County Department of Highways. 8. MILL CREEK APARTMENT DEVELOPMENT President Thompson pointed out to Henry Cimaglio, Plan Commission Chairman, that that commission had failed to list the results of a motion made at their meeting in which approval was moved for the Mill Creek Apartments. Mr. Cimaglio stated that the vote was five ayes, no nays, one abstention and two people absent and was unanimous of a quorum of the commission for approval. The approval was subject to engineering and fire department approval. Mr. Sisson of Hattis Engineers stated that they have looked over the plans and found some differences and are now discussing same with Miller Builders. Trustee Gleeson moved to table action on Mill Creek Apartment De- velopment until such time as engineering approval is received. Trustee Warner seconded the motion and it carried unanimously. Li 9. BUSINESS LICENSE ORDINANCE President Thompson stated that the Clerk had been directed at the last meeting to secure information from the City of Park Ridge relative to figuring the square footage on gas stations and also whether that City licensed professionals, business offices, etc. The President stated that the Clerk had presented a report stating that the square footage of gas stations is based on the building only and that that City does not license professional people, business offices, etc. The President stated that the Clerk is looking for Board policy in these areas. 1686 7/28/69 President Thompson read portions of the Business License Ordinance where it pertains to licensing service establishments. Trustee Armstrong stated that it would be discrimination in reverse were the Board not to include professional people and business offices under the licensing and that it is his opinion that they should be licensed. Trustee Felten moved that the Board establish the policy as set down by Park Ridge in reference to the two poiits mentioned; that is, license on the square footage of the buildings only for gas stations and not to license professional people and business offices. Trustee Gleeson seconded the motion. Discussion followed. Trustee Felten moved that action be tabled until the arrival of the Village Attorney. Trustee Warner seconded the motion. The vote was as follows: AYES: Trustees Felten, Thorud, Fabish, Warner NAYS: Trustees Gleeson, Armstrong The motion carried. 10. UPDATING OF FEASIBILITY STUDY TO ACQUIRE BUFFALO UTILITY COMPANY (Doc. #69-20) Trustee Warner moved that the Board engage Robert E. Hattis Engineers to update the feasibility study for the acquisition and rehabilitation of Buffalo Utility Company and enlargement of municipal sewer and water system for a sum not to exceed $3, 000. 00. Trustee Armstrong seconded the motion and it carried unanimously. 11. PARK COMMISSION REPORT -- REQUEST FOR MONEY TO CONDUCT CAMPAIGN FOR PARK DISTRICT REFERENDUM Trustee Gleeson moved that the request from the Park Commission for a sum not to exceed $1, 000.00 to conduct a campaign for the successful passage of the Park District Referendum be denied. Trustee Fabish seconded the motion. Discussion followed with Trustee Gleeson stating that he is quite sure that it would be against State statute to use Village funds to pay for a campaign of this nature. Trustee Felten moved that this be tabled until the arrival of the Village Attorney. Trustee Thorud seconded the motion. A vote was taken with the following results: AYES: Trustees Felten, Thorud, Fabish, Warner NAYS: Trustees Gleeson, Armstrong The motion carried. 1687 7/28/69 12. STATEMENT FROM TRUSTEE FELTEN TO THE PUBLIC (Doc. #69-21) Trustee Felten then read a statement which he has prepared as a result of a statement attributed to him in a recent publication in which they claim that Trustee Felten is considering resigning as Village Trustee in order to run for the position of Park Commissioner. Trustee Felten' s statement points out that this is not the case and that he is in- terested in only holding the one office; that of Village Trustee. 13. ORDINANCE #0-69-10 -- ANNUAL APPROPRIATIONS ORDINANCE Trustee Gleason then read Ordinance #0-69-10 which is the annual appropriations ordinance. Trustee Armstrong moved that the Board approve the appropriations ordinance as read. Trustee Gleeson seconded the motion. Discussion followed. Upon roll call, the motion carried unanimously. 14. RAUPP MEMORIAL -- REQUEST FROM LEVITT & SONS TO CUT DRIVEWAY TO BUILDING President Thompson stated that Levitt & Sons have informed the Clerk that they are presently working in the vicinity of the Raupp Memorial and of a necessity will have to eliminate the present driveway which extends to Route 83 and consequently, they have requested Board approval to cut across Village property (the Raupp Memorial) and construct a driveway from the south leading to the house as there are tenants presently living in the building. President Thompson stated that he had spoken to Mr. Aribert Wild in reference to the land and that there are questions as to the covenants and restrictions placed on the use of the land. The President further stated that it is Mr. Wild' s understanding that the actual purpose of the Raupp Memorial building is that the building be renovated as much as possible and used as a library. President Thompson stated that an engineering report (Doct. #69-22) has been received on the building and the preliminary cost estimate is approximately $13,000.00 to partially renovate the building. Trustee Felten moved to grant Levitt and Sons permission to cut through the embankment for the purpose of constructing a driveway. Trustee Gleeson seconded the motion and it carried unanimously. 15 . PARK COMMISSION REPORT -- APPOINTMENT OF CHAIRMAN President Thompson stated that the Park Commission has recommended a man to be appointed as Chairman of that Commission and that the Chair 1688 7/28/69 would like to report that he has not had time to speak to the gentleman in question and he would like to do so before appointing. He further stated that the Chair would ask that he not take action on the appoint- ment at the present time and that he will contact the gentleman in the near future and talk with him. 16. APPOINTMENT OF NEW TRUSTEE President Thompson stated that Trustee Warner is leaving the area for warmer climes and thus would leave a vacancy on the Board. He would, therefore, like to announce that anyone interested in filling the vacancy for Trustee contact the Village Clerk and schedule an appointment for Wednesday or Thursday of this week. The President stated that he would then take their applications and present them to the Board for their decision. Attorney Raysa arrived for the meeting. 17. BUSINESS LICENSE ORDINANCE Discussion then followed on the business license ordinance as it per- tains to licensing certain types of occupations. Attorney Raysa ad- vised the Board that the State statute lists certain occupations which can be licensed. Trustee Gleeson moved that the Board remove the other motion from table. Trustee Warner seconded the motion and it carried unanimously. Trustee Thorud stated that the purpose of the ordinance is not to raise revenues for the Village, but to be able to make inspections of the premises and he feels the Board could validly place a license on any of the aforementioned businesses for purposes of paying for an in- spection. Upon a query by President Thompson, Attorney Raysa advised the Board that it was his opinion that the Statute does not allow for the afore- mentioned professionals to be licensed by the municipality. �-/ Upon roll call, the vote was as follows: AYES: Trustees Felten, Gleeson, Armstrong, Fabish, Warner NAYS: Trustee Thorud The motion carried. 1689 7/28/69 18. PARK COMMISSION REQUEST FOR FUNDS TO CONDUCT CAMPAIGN Attorney Raysa advised the Board that they do not have any right to publicize the campaign with taxpayers funds. Trustee Felten moved that the Board remove the motion denying the Park Commission funds for conducting a campaign from the table. Trustee Gleeson seconded the motion and it carried unanimously. Trustee Gleeson then withdrew his motion and Trustee Fabish withdrew his second. 19. LEASE AND OPTION TO PURCHASE BUFFALO UTILITY COMPANY President Thompson then briefly informed the audience of meetings and negotiations which have been going on with the principals of the Buffalo Utility Company during the year in order to facilitate the purchase of the Buffalo Utility Company and also informed them of the to date failure to sell the $4 million bond issue. President Thompson then read the option agreement to purchase the Buffalo Utility Company. Mr. Albert Frank, a principal of the Buffalo Utility Company and Mr. Murphy, an attorney for the Utility, were pre- sent at the meeting. Discussion followed on the option agreement. President Thompson then read the proposed re-zoning agreement between the Buffalo Utility Company and the Village of Buffalo Grove. Dis- cussion followed. The President called for a five minute recess. The President called the meeting back to order at 11 : 25 P.M. President Thompson then read the proposed agreement between Gregg Builders, Inc. , and the Village of Buffalo Grove. Discussion on the agreement followed with particular emphasis on page 6, paragraph 6 dealing with the installation of an underground culvert. Mr. Frank stated that he thinks a current engineering estimate should be received as to the cost of installing the culvert and that in principle they would agree to reimburse the village for any reasonable cost of installing the culvert. President Thompson stated that the Board would agree to stand behind the engineering estimate presented by the Village Engineers, Robert E. Hattis Engineers. The President then directed the engineers to obtain the estimate for installation of an underground culvert in two parts, (1) the area immediately in front of the Ranch Mart Shopping Center and (2) the area going north from the driveway of the shopping center to Golfview Terrace. 1690 7/28/69 President Thompson stated that he would like to poll the Board as to how they feel in reference to the lease arrangement as put forth in the agreement -- a yes would be that the Board member agrees to the lease arrangement and repayment of the cost of the cross ties as stated in the agreement and a no would be if the member were against such arrangements. The results of that poll are as follows: YES: Trustees Thorud, Armstrong, Warner, Fabish NO: Trustees Felten, Gleeson The President stated that the indications are that the majority of the Board would vote in favor of the lease arrangement. Trustee Gleeson moved that the Village Attorney be directed to finalize the three agreements contingent upon (1) that the leasing arrangement incorporated therein does not cloud the Bond issue and (2) that the engineering figure for the culvert in question is furnished by Hattis Engineers. Trustee Armstrong seconded the motion. Upon roll call, the vote was as follows: AYES: Trustees Felten, Gleeson, Thorud, Armstrong, Fabish, Warner NAYS: None The motion carried. Mr. Henry Cimaglio requested that after the contracts are signed that those portions of the contracts dealing with land use or zoning be sent to the Plan Commission. 20 . QUESTIONS FROM AUDIENCE Upon a query by a citizen, Trustee Felten stated that there would be a report on the ditch behind Farrington Drive in the near future. President Thompson stated that Mr. Gingold of Levitt & Sons has in- formed! him that they are most willing to cooperate with the Village Board. 21. ADJOURNMENT Trustee Warner moved that the meeting be adjourned. Trustee Gleeson seconded the motion and it carried unanimously. Village CYerk Approximately 12: 22 P.M. APPROVED THIS // AY OF L �� , 1969. Village P sident