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1975-12-22 - Village Board Regular Meeting - Minutes 4443 12/22/75 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, DECEMBER 22, 1975, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at approximately 8:05 P.M. Those present stood and pledged allegiance to the Flag. The Clerk called the roll and found the following: PRESENT: President Fabish; Trustees Mahoney, Rech, Bogart, Marienthal Trustee Driscoll arrived at 8:45 P.M. ABSENT: Trustee Carroll Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Arnold Seaberg, Village Engineer; Charles McCoy, Director of Public Works; and William Whited, Administrative Assistant. 1 . Minutes of December 15, 1975 Moved by Bogart, seconded by Marienthal , to approve the minutes of the regular meeting held December 15, 1975, as published. The following corrections were made: 1 . Page 4439 - second paragraph from bottom of the page - the following sentence will be added: "It was the original agreement that Public Works personnel would do the floor sealing." 2. Page 4440 - under Capital Improvement Program - after the third paragraph - the following statement will be included: "Mr. Larson stated that one alternative for funding the Public Services Building was to have the Water Fund contribute." 3. Page 4440 - last sentence was changed to read, "She did not feel that the Water Fund should assume more than its proper jurisdiction, just as she did not feel the other categories of Village functions should subsidize the other functions." Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Bogart, Marienthal NAYES: 0 - None ABSENT: 2 - Driscoll , Carroll Motion declared carried with corrections noted. 2. Questions from the Audience There were no questions from the audience. 3. COMMITTEE OF THE WHOLE Boys Club of America Norman Katz, President of the Countryside Boys Club, introduced Eugene Sullivan, Regional Director of the Boys Clubs of America, who in turn explained the 1 4444 12/22/75 the functions of Boys Clubs and the potential of its success in Buffalo Grove. Barbara Sheldon, Vice President of the Countryside Boys Club, stated that a Board of Trustees has been formed and needs for a Boys Club in this area has been assessed by means of a survey on youth services which had been previously distributed to the Board. She then read a letter, dated December 14, 1975, from Mr. Katz to the President and Board of Trustees which requested that a 20 year lease on the 5.5 acres of land located in The Crossings be made avail- ,- able to the Countryside Boys Club. During the discussion the following points were brought out : 1 . The program will be for both boys and girls. 2. The facility will be available for community activities and will be run by a professional Executive Director. 3. Funds will be solicited from the Crusade of Mercy, foundations of large companies, local fund raisers, and contributions from individuals. 4. A facility is necessary before funds can be solicited and before a director can be hired. 5. If the club could lease the facility in question, it would be renovated to be usable for the programs. Moved by Bogart, seconded by Marienthal , that the Village Board's intent is to lease the best possible piece of land that is available to the Countryside Boys Club as soon as it is feasible. Mr. Raysa stated that State Statutes do not permit the Village to lease a piece of Village-owned land to a charitable or non-profit organization without passing an ordinance stating that the property is no longer necessary for use by the Village and also advertise the land is to be leased. He explained that Statutes provide for leasing property to another governmental body, such as the Park District, but not to a non-profit organization. President Fabish asked if the Park District would have the same restrictions. Mr. Raysa stated that he would check the Statutes. William Kiddle of the Buffalo Grove Park District stated that their attorney has looked into the matter and found it to be a "gray area"; however, he felt there would be a possibility that some accommodation could be made. Joe Settanni , President of the Buffalo Grove Park District, stated that the Park District wants to use their good offices for any recreational addition to the community. He said the Park District was formed as the recreational arm of Buffalo Grove. Mr. Settanni read a statement from the Park District inviting the board of the Countryside Boys Club to meet with them so that they might better understand their program and offer assistance. Mr. Sullivan stated that many Boys Clubs exist on public property that was given to them by their municipalities. Trustee Driscoll arrived. President Fabish felt that before any action is taken, the legal question must be resolved. He suggested that the Boys Club Board and the Park District Board meet with the developer to discuss the use of the land. 4445 12/22/75 Trustee Mahoney asked Mr. Raysa to investigate if there are particular restrictions on the 5.5 acres in question because of the terms of the annexation agreement. Trustee Rech did not feel the Boys Club should be referred to as a youth center because it will supervise involved programs not only for youth but also for other segments of the population. She felt the Village should assist the Boys Club in trying to find a piece of land where the Boys Club can put their facilities before homes are built so that property owners will know that the Boys Club will be there prior to their purchase. She asked Mr. Raysa to research to determine if there is any way the Village can accommodate the Boys Club. Because there were many questions to be answered, Trustee Bogart withdrew his motion. Arlington Heights Road The Board reviewed the agreement for engineering services with the firm of Metcalf & Eddy/Alstot, March & Guillou, Inc. , for the reconstruction of Arlington Heights Road north of the county line to Route 83 pursuant to the FAUS funding requirements. Mr. Larson stated that the agreement for reconstruction of the road has been approved by the Village and Lake County and approved by the State pending final selection of an engineering firm to design the road and final acceptance by the federal highway authority. He said it is the recommendation of Mr. Seaberg and Mr. McCoy to retain this firm for engineering services. Mr. Larson referred to a letter from Edward Streed, Lake County Superintendent of Highways, dated December 19, 1975, which states the cost of acquisition of right of way will be shared with the County on a 70-20-10 basis as stipulated in the July, 1975, agreement. George March described the FAUS program. Mr. Raysa felt that the agreement for engineering services should include a section providing that if there is no federal funding, the agreement is null and void. Discussion followed. Moved by Mahoney, seconded by Bogart to approve the agreement for engineering services subject to approval of the Village Attorney. Mr. Larson suggested that the agreement include a provision for Lake County Board signatures. In response to a question from Trustee Rech, Mr. March stated that if an environmental impact statement is necessary, a public hearing must be held. Trustee Rech felt that there should be a public hearing. Mr. March suggested that if the matter is an advertised agenda item, a full participation of the public would be accomplished. Upon roll call , the vote was: 4446 12/22/75 AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal NAYES: 0 - None ABSENT: 1 - Carroll Motion declared carried. Executive Session Moved by Bogart, seconded by Rech to move to executive session to discuss pending litigation. Upon voice vote, the motion passed unanimously. 9:30 P.M. - The Board moved to executive session. 9:50 P.M. - The meeting resumed. { Chesterfield/Arrowhead Planned Development President Fabish read Ordinance #75-45, AN ORDINANCE DISCONNECTING CERTAIN TERRITORY FROM THE VILLAGE OF BUFFALO GROVE (Chesterfield property located on the northeast corner of Arlington Heights Road and Lake Cook Road.) Moved by Marienthal , seconded by Rech to approve Ordinance #75-45. Upon roll call , the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal NAPES: 0 - None ABSENT: 1 - Carroll Motion declared carried. Emmerich Park Lease President Fabish stated that the Village Attorney has prepared a revised lease agreement with the Buffalo Grove Park District for property next to Well #3 in accordance with Board direction given at a previous meeting. Moved by Bogart, seconded by Mahoney to approve the lease. Upon roll call , the vote was : AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal NAPES: 0 - None ABSENT: 1 - Carroll Motion declared carried. Ordinance #75-46 President Fabish read Ordinance #75-46, AN ORDINANCE ABATING TAXES FOR THE CONSTRUCTION OF PUBLIC WORKS BUILDING. Moved by Mahoney, seconded by Rech to approve Ordinance #75-46 as read. Upon roll call , the vote was : AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal NAPES: 0 - None ABSENT: 1 - Carroll Motion declared carried. 4447 12/22/75 Lake County CETA Program Mr. Whited explained the CETA program. The Board reviewed Mr. McCoy's report, dated December 16, 1975 , requesting placement of an additional person in the Village organization (Sewer Department) under the CETA funding program. Trustee Rech emphasized that the employee should be advised that the Village may not be able to extend his employment when the CETA funding expires. Mr. Whited stated that the CETA counselor explains this to the person. Moved by Rech, seconded by Driscoll to approve the Sub-Grantee Agreement and the Outstation User Agreement with Lake County CETA Program as requested by Mr. McCoy. In response to a question from Trustee Bogart , Mr. McCoy explained that the other two CETA employees filled vacant positions, but this employee would fill a new position in the organization. Upon roll call , the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal NAYES: 0 - None ABSENT: 1 - Carroll Motion declared carried. Resolution #75-48 President Fabish read Resolution #75-48, a resolution providing for a three man Board to review transportation needs in the Northwest area. Moved by Rech, seconded by Mahoney to approve Resolution #75-48, with the second whereas clause deleted. After discussion , the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal NAYES: 0 - None ABSENT: 1 - Carroll Motion declared carried. Wagner Farm The Board reviewed the request of Levitt Residential Communities for a change in the preliminary plan for the Wagner farm. President Fabish noted that the change would reduce the number of homes from the 314 previously approved to 165. Moved by Mahoney, seconded by Driscoll to forward this request to the Plan Commission for public hearings. Trustee Rech asked Mr. Seaberg to speak to Mr. Sleek of Levitt about resolving the Aspen Ditch problems. Upon voice vote, the motion passed unanimously. 4448 12/22/75 Didier Farm The Board reviewed the request of Surety Homes for annexation of certain property located north of Busch Road at Route 83 (Didier Farm) . Moved by Marienthal , seconded by Rech to refer this request to the Plan Commission for review and public hearing. In response to a question from Trustee Bogart, Mr. Larson stated that Surety Homes will request R-5 zoning for 199 single family homes. Upon voice vote, the motion passed unanimously. The Crossings Public Areas Mr. Larson stated that when the plat for Unit 3 of The Crossings was approved, provisions were made for the access points to the lake/park area from Fremont Way. He said deeds for the two parcels (Lots A and B) have been received. Mr. Raysa stated that the deeds are subject to a mortgage and should not be accepted. He preferred a Warranty deed and a statement that all 1975 taxes are paid in full . Moved by Bogart , seconded by Driscoll to table consideration of acceptance of the deeds. Upon roll call , the vote was: AYES : 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal NAYES: 0 - None ABSENT: 1 - Carroll Motion declared carried. Capital Improvement Budget The Board reviewed the sections of the addendum to the Capital Improvement Budget regarding Water System, Sanitary Sewer System, and Storm Sewer System Improvements. Trustee Rech referred to page IV-10 and felt that it should be clarified that Well #6 and reservoir will be paid with Village funds. The developer will construct them and the Village will repay the developer. She also felt there should be no total on that page because Well #6 expense is included twice. Trustee Driscoll felt that acquisition of land for the retention basin to provide for relief of University Court flooding should be included in the Storm Drainage Systems portion of the budget. Mr. Larson stated that Wheeling Township has indicated they would pay a portion of the expense provided the drainage facility was designed to service the property on Jackson Drive. After discussion, it was decided to include this land acquisition with an estimated cost of $100,000. 4. Board Comments Water Rate Study After discussion, it was decided that the Board would hear the report from the Water Rate Study Committee on January 12, 1976, at a regular meeting. The 4449 12/22/75 report will be the only item on the agenda. Trustee Rech suggested that no vote be taken at that meeting so that the Board may consider the report and comments for one week prior to voting. 5. Adjournment Moved by Marienthal , seconded by Bogart to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 11 :35 P.M. Respectfully submitted, 7 --, - 'Verna L. Claytoq, Village C erk_, PASSED AND APPROVED this day of \- 1, - . ,-..7, 1976. (I (T C-- -C-u--c-, \AILL') 1 Village President QL .0,4.f- ..1 ..1 _