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1976-03-01 - Village Board Regular Meeting - Minutes 4506 3/1/76 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, MARCH 1 , 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at 8:02 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 , Carroll , Marienthal Trustee Driscoll arrived at 8:05 P.M. Also present were Daniel Larson, Village Manager; James Shirley, Village Treasurer; and William Whited, Administrative Assistant. 1 . Minutes of February 23, 1976 Moved by Bogart, seconded by Carroll to approve the minutes of the regular meeting held February 23, 1976, as published. The following additions or corrections were made: 1 . Page 4502 - paragraph 6 - check the tape of the meeting to determine if Mahoney made the motion. 2. Page 4494 - paragraph 1 - check the tape to determine who seconded the motion. 3. Page 4501 - paragraph 7 - after sentence 3 - add "Trustee Carroll asked Mr. Schwartz if he could get an extension on his option to purchase, and he replied that he was still eligible for another extension. " Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried with changes. 2. Warrant #331 Treasurer James Shirley presented Warrant #331 , in the amount of $108,747. 33. Moved by Carroll , seconded by Marienthal to approve Warrant #331 . Several items were questioned but no changes made. Upon roll call , the vote was: AYES: 4 - Driscoll , Bogart , Carroll , Marienthal NAYES: 2 - Mahoney, Rech Motion decl ared carried. 3. COMMITTEE OF THE WHOLE Marquardt/Brosio Public Hearing President Fabish read the Notice of Public Hearing which appeared in the Buffalo Grove Herald on February 9, 1976. Subject of petition was for an 4507 3/1/76 amendment to the annexation agreement to approve a new preliminary development plan. Property involved is four acres on the east side of Buffalo Grove Road approximately 100 yards north of Dundee Road. President Fabish read a letter from the law offices of McCracken and Walsh requesting the public hearing to be continued to March 8, 1976, because they would be unable to attend on March 1 . I'I ` After discussion, President Fabish stated that because the petitioners requested another date, the public hearing may be the last item on the agenda. Moved by Carroll , seconded by Rech to adjourn the public hearing to March 8, 1976. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance #76-4 Trustee Mahoney read Ordinance 6-4 AN ORDINANCE APPROVING ANNEXATION rust o y #7 , AGREEMENT AND DIRECTING EXECUTION THEREOF BY THE PRESIDENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE (property on Dundee Road between Ellen Drive and Old Buffalo Grove Road) . Moved by Mahoney, seconded by Bogart to approve Ordinance #76-4 and to direct the Village Attorney to add a clause to provide a 10 year limitation to the agreement. Trustee Rech referred to section 8 and was concerned it could be construed that the Village would condemn land or initiate legal proceedings. She said that Levitt had so interpreted a similar section of the Wagner Koelper DeMuth annexation agreement. Trustee Mahoney stated that the section, as written, would not oblige the Board to take such action, but it would leave open that possibility. Upon roll call , the vote was : AYES: 4 - Mahoney, Driscoll , Bogart, Carroll NAYES: 2 - Rech, Marienthal Motion declared carried. Trustee Rech stated that her negative vote was because she opposed the ten year limitation. She was concerned that there is no plan for Lot 2. Ordinance #76-5 Trustee Mahoney read Ordinance #76-5, AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF BUFFALO GROVE (property on Dundee Road between Ellen Drive and Old Buffalo Grove Road) . Moved by Bogart, seconded by Driscoll to approve Ordinance #76-5 as read. 4508 3/1/76 Upon roll call , the vote was : AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Carroll NAYES: 1 - Marienthal Motion declared carried. Ordinance #76-6 Trustee Mahoney read Ordinance #76-6, AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. The ordinance zoned the property on Dundee Road between Ellen Drive and Old Buffalo Grove Road in the B-1 General Business District. Moved by Bogart , seconded by Driscoll to approve Ordinance #76-6 as read. Upon roll call , the vote was: AYES : 5 - Mahoney, Rech, Driscoll , Bogart, Carroll NAYES: 1 - Marienthal Motion declared carried. Resolution #76-6 Trustee Mahoney read Resolution #76-6 establishing the Water Fund Bond Reserve Savings Account at the Buffalo Grove National Bank. Moved by Marienthal , seconded by Rech to approve Resolution #76-6 as read. Mr. Larson stayed that the beginning balance of the account will be $258,058. Mr. Shirley stated that this will be used as a "holding account" until sufficient amounts can be accumulated to invest in certificates of deposit. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried. Resolution #76-7 President Fabish read Resolution #76-7 establishing a Water Fund Depreciation and Contingencies Savings Account at the Buffalo Grove National Bank. Moved by Mahoney, seconded by Bogart to approve Resolution #76-7 as read. Mr. Larson stated that the beginning balance of the account will be $18,000. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried. I ,i I I �� �I i �� 4509 3/1/76 Resolution #76-8 President Fabish read Resolution #76-8 establishing a Water System Improve- ment Savings Account. Moved by Marienthal , seconded by Bogart to approve Resolution #76-8 as read. Mr. Larson stated that the beginning balance of the account will be $230,366. Trustee Rech noted that the recommendations of the Water-Sewer Rate Study �•/ Committee did not spell out a special savings account for system improvements. Mr. Larson said that it is important to the Village to accumulate funds for needed improvements to the system that are considered extensions to the system. He said the amount to be placed in this account was determined by tabulating all fees paid by developers since adoption of the System Improvement Fee and accounted against that half the cost for the new reservoir at Well #2. Mr. Shirley felt there are other expenses that should have been applied against this account. Mr. Larson stated that other expenses were repairs that directly benefited users of the system and were not for future developments. Mr. Shirley stated that he would like to examine the figures in more detail . He recommended the account be opened because adjustments could be made at a later time. A report of his Endings will be sent to the Board when his examination is complete. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance #76-7 Trustee Mahoney read Ordinance #76-7, ORDINANCE AMENDING THE BUILDING CODE OF THE VILLAGE OF BUFFALO GROVE BY ADOPTION OF THE 1975 EDITION OF THE ONE AND TWO FAMILY DWELLING CODE. Trustee Rech felt that Section 2 should be reworded to provide that the most restrictive provisions shall prevail . Moved by Mahoney, seconded by Rech to table consideration of Ordinance #76-7. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance #76-8 Trustee Mahoney read Ordinance #76-8, ORDINANCE AMENDING THE ELECTRICAL CODE OF THE VILLAGE OF BUFFALO GROVE BY ADOPTION OF THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE. Moved by Mahoney, seconded by Marienthal to table consideration of Ordinance #76-8. Upon roll call , the vote was : 4510 3/1/76 AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. Arlington Heights Road The Board reviewed the 50 ' dedication for Arlington Heights Road alongthe 9 9 frontage of the commercial property at The Crossings. Mr. Larson said that the dedication is needed for the widening of the road. In conjunction with the Village' s agreement with Lake County, the Village is to acquire all r.o.w. within the Village limits. Moved by Marienthal , seconded by Mahoney to accept the dedication. Upon roll call , the vote was : AYES: 5 - Mahoney, Rech, Driscoll , Carroll , Marienthal NAYES: 0 - None ABSTAIN: 1 - Gogart Motion declared carried. In response to a question from Trustee Rech, Mr. Larson stated that changes to the engineering agreement , as recommended by the Village Attorney and the Village Board, have been resolved. He said the fee has been reduced by $3,000. The agreement will be presented to and should be approved by the County Board on March 2, 1976. 4. Board Comments Personnel Study Mr. Shirley recommended that the Fire Department be included in the personnel study to be conducted by the State of Illinois Department of Personnel . Because the possibility of a municipal fire department is being considered, it was the consensus of the Board that Mr. Shirley's recommendation be implemented. Fire Department Trustee Rech felt that the Village should start meeting with the Buffalo Grove Fire Department and the Wheeling Fire District to determine what the Village should do if the Village of Wheeling successfully disconnects from the Wheeling Fire District. Discussion followed. Mr. Larson stated that he and the Village Attorney have been investigating the situation and will submit a report to the Board in three weeks. Resol ut ion #76-9 Trustee Marienthal read Resolution #76-9 supporting the Chamber of Commerce in their endeavors to have Buffalo Grove participate on the television show, "Almost Anything Goes". Moved by Marienthal , seconded by Rech to approve Resolution #76-9. Upon roll call , the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Marienthal NAYES: 1 - Carroll Motion declared carried. 4511 3/1/76 Public Land Donations Trustee Bogart stated that the Park District has requested a joint meeting with the Village Board to discuss Resolution #72-35. He suggested that the School Districts and Plan Commission participate in the meeting. President Fabish stated that he has sent a letter in this regard to School District #102, School District #96, School District #125, and the Buffalo Grove Park District. Mr. Larson was asked to check School District #103's boundaries to determine if they should be involved in the meeting. President Fabish stated that the topics of discussion for the meeting will be future needs of the School and Park Districts in relation to Village needs. Trustee Rech referred to a recent newspaper article and stated that if the Park District will accept only "good buildable land", open-space land would be donated to the Village giving the Village responsibility for maintenance of the land. She felt that if this is the case, there may have to be a change in amount of land and amount of money donated to the Park District because the Village will have to maintain land which must be left "open space". Trustee Mahoney suggested that all participants of the meeting be sent a packet of background material regarding legal problems of requiring donations because the Resolution was written with these legal restrictions in mind. He felt that initial meetings should be held with fewer people involved. He felt the discussion should be about mechanics and procedures of how donations will be implemented rather than text of the resolution. After discussion, President Fabish stated that he would set a meeting with the Park District prior to the meeting including the School District. Trustee Bogart stated that the Park District has taken a position on what kind of land they will accept. He felt that this should be negotiated between the Village and the Park District. Trustee Mahoney felt that it should be negotiated between the developer and the Village with the Village taking into consideration the Park District 's position. He said the Village cannot delegate to the Park District the Village's responsibility of determining the kind of development that is in the Village's best interest. Trustee Rech stated that the Village must look at each proposed development on its own criteria. She was concerned that the lengthy procedure of the Village has caused Levitt to decide it is not economically feasible for them to change their plan to a single family development. She felt that when a developer economically makes a decision that the requirements of the School and Park Districts are so high that they no longer can make a change in their development , the method of implementation of public land donations should be reviewed. She felt that the Village should discuss with Levitt the reasons for their determination not to change their plan for the Wagner parcel . President Fabish said that Mr. Sleek of Levitt had told him that the decision was made by their New York office. President Fabish stated that the developers erroneously have the impression that they must receive approval from the School and Park Districts. Discussion followed. 4512 3/1/76 Business License Fees Moved by Carroll , seconded by Rech to remove from table consideration of proposed business license fees. Upon voice vote, the motion passed unanimously. Moved by Carroll , seconded by Rech to table consideration of proposed business license fees to March 8, 1976. Upon voice vote, the motion passed unanimously. Executive Session Moved by Bogart, seconded by Marienthal to move to executive session to discuss personnel. Upon voice vote, the motion passed unanimously. Time: 9:45 P.M. Adjournment There being no further business to discuss, it was moved by Marienthal , seconded by Rech to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 9:50 P.M. Respectfully submitted, L.� Verna L. Clayton, Village rk PASSED AND APPROVED this i/ day of , 1976. Village President III