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1975-01-27 - Village Board Regular Meeting - Minutes 4117 1/27/75 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, JANUARY 27, 1975, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE , ILLINOIS. President Armstrong called the meeting to order at approximately 3: 10 P.M. Those present stood and recited the Pledge of Allegiance to the Flag. The Clerk called the roll and found the following: PRESENT: President Armstrong; Trustees Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll Also present were Daniel Larson , Village Manager; Richard Raysa, Village Attorney; Arnold Seaberg, Village Engineer; Charles McCoy, Director of Public Works; and William Dettmer, Chief Inspector. 1 . Minutes of January 20, 1975 Trustee Driscoll moved to approve the minutes of January 20, 1975, as submitted. Trustee Shirley seconded the motion. Trustee Mahoney referred to page 4113, second paragraph from the bottom of the page, line 3, and requested that it be changed to read, "He also said he was not sure whether expending funds for a sidewalk in that location was justifiable." The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll NAYES: None The motion carried with changes noted. 2. COMMITTEE OF THE WHOLE Buffalo Grove Animal Clinic Irving Capitel , attorney representing William and Suzanne Fabian and Harry and Sylvia Brooks , addressed the Board petitioning for a Board rehearing on the annexation of certain property located on Buffalo Grove Road south of Old Checker Road. Mr. Capitel noted that the petition was denied by the Board in September ; however, he wished to present answers to certain questions raised at the time of the original hearing. Trustee Osmon moved to grant the petitioners' request for a rehearing. Trustee Mahoney seconded the motion. Trustee Shirley felt the rehearing should be referred to the Plan Commission. Mr. Raysa agreed. Mr. Capitel stated that the Plan Commission has reviewed all pertinent information that came before the Board and that the material he wishes to present is directly relevant to those questions raised by the Board members themselves which he felt, in no way,would affect the outcome of the pre- sentation to the Plan Commission or the Appearance Control Commission. He requested the rehearing be directly before the Village Board. Mr. Raysa stated this being the case, the Board could discuss the matter since there would be no new material to present. 4118 1/27/75 President Armstrong requested that the staff and all parties involved be notified of the rehearing. Mr. Capitel stated he would prepare a mailing, submit information that is available, and arrange a meeting with Mr. Larson to present an oral disclosure and discussion. In response to a question , Mr. Raysa stated if new material is presented at the rehearing it should be referred to the Plan Commission for their review and recommendations. Mr. Capitel assured that they have obtained transcripts of minutes of the original hearing, and all comments will be directed to the comments that were made at that time. Trustee Rech questioned whether there would be any change in the side yard requirements. Mr. Capitel stated he did not know, if at this point , they intend to make any commentary on the side yard requirements specifically, but the information that is accumulated will significantly respond to the question surrounding the neighborhood commentary and some of the subject problems that were purported to exist. Trustee Osmon stated the intent of his motion was to send to the Plan Commission. He withdrew his motion. Trustee Osmon moved that the Board will hear the petitioners appeal , based on the comments made by the various Board members pertaining to the admission of additional information not being allowed, and that if in the event this does happen , then it would be immediately referred to the Plan Commission for an entirely new hearing; that Attorney Capitel and Village Manager Mr. Larson get together as soon as possible to set up a date, notifying all the pertinent property owners; and,that the meeting be held and the findings be referred back to the Board, with copies of the minutes of the previous meeting. Trustee Driscoll seconded the motion. The Clerk called the roll and found the following: AYES: Trustees Osmon , Rathjen, Mahoney, Driscoll NAYES: Trustees Shirley, Rech The motion carried. The negative votes of Trustees Shirley and Rech were because they felt that the request would have to be referred to the Plan Commission anyway. Mr. Larson stated that notice of rehearing must be published 15 days before the hearing. Mr. Capitel referred to State law that prohibits a Board from hearing an annexation petition within 60 days of a municipal general election. President Armstrong asked Mr. Capitel and Mr. Larson to determine if the problem could be resolved. Ordinance No. 75-3/Thompson Boulevard III President Armstrong read Ordinance No. 75-3, an Ordinance providing for a change in the name of Mayflower Road to Thompson Boulevard, in Strathmore Grove, in honor of former. Village President Donald J. Thompson. Trustee Mahoney moved to approve Ordinance No. 75-3. Trustee Shirley seconded the motion. 4119 1/2 7/75 In reply to a question from Trustee Rathjen, Mr. Larson stated that, at the Board's request, he contacted developers requesting that they consider naming streets in honor of former Village Presidents. Trustee Rathjen stated he disagreed with the concept and felt it should be an honor, not an obligation. Trustee Mahoney stated the motion made several months ago was to direct the staff to inquire of developers to determine if any would be willing or interested in naming a street after two past presidents. The Clerk called the roll and found the following: AYES: Trustees Shirley, Mahoney, Rech , Driscoll NAYES: Trustees Osmon , Rathjen The motion carried. Emmerich Park Lease President Armstrong noted the revised lease with the Buffalo Grove Park District for the property adjacent to Well Number Three on Raupp Boulevard included (1) reducing the term of lease from 99 years to 20 years and (2) enabling the Village to obtain its right to remove or retain any and all improvements on the site installed by the lessee at lessee's expense, all of which the Park District agreed to, with the exception of the lighting and the tennis courts. Mr. Larson stated there may be a problem since the area the tennis courts now occupy is in the long range plan as a location for expansion of reservoir facilities. He requested it be written into the lease that, at such time as the Village does expand the reservoir system into that area, the Village could replace or relocate the tennis courts on top of the underground reservoir. Mr. Raysa stated this is the first time he has known of a lease that would provide that the lessee has some authority over something that is on the land after the lease is terminated. In reply to a question from Trustee Osmon, Mr. Larson stated the Park District, in previous discussions , were aware that they, sometime in the future, might have to remove the tennis courts. President Armstrong felt a provision should be made in the lease to reconstruct the tennis courts after the underground reservoir is completed. Mr. Raysa stated the tennis courts would then be on Village owned land. President Armstrong felt some arrange- ment could be made so the tennis courts could become the jurisdiction of the Park District for maintenance and administration. Trustee Osmon suggested that Mr. Raysa contact Mr. Sullivan , Park District attorney, to determine wording that is agreeable to both parties. Trustee Osmon moved to direct Mr. Raysa to contact Mr. Sullivan to provide the appropriate wording for paragraph 3. Trustee Driscoll seconded the motion. Discussion followed on whether the Village could require the Park District to reconstruct the tennis courts at such time as the reservoir is completed. Trustee Shirley felt the Village Board could not force another governing body to do this until such time as they can practically and feasibly replace them. Trustee Rech noted that No. 8 of the Agreement was not in the original Agreement. Mr. Raysa stated this could be omitted. Trustee Rech felt it �.i 4120 1/27/75 it would be better to omit it. A voice vo te on the motion found the following: AYES : Trustees Shirley, Osmon , Rathjen , Mahoney, Rech, Driscoll NAYES: None The motion carried. Lake-Cook Road Agreement Upon request of Cook County, Trustee Driscoll moved to table, for two weeks , discussion on the revised agreement for the improvement of Lake-Cook Road. Trustee Mahoney seconded the motion and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech , Driscoll NAYES: None The motion carried. Resolution No. 75-4 President Armstrong read Resolution No. 75-4, a Resolution appropriating Motor Fuel Tax Funds for street maintenance and repair expenses for the 1975 calendar year. Trustee Osmon moved to approve Resolution No. 75-4. Trustee Shirley seconded the motion. Discussion followed regarding several items. The Clerk called the roll on the motion and found the following: AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech, Driscoll NAPES: None The motion carried. Trustee Shirley moved the staff be directed to let bids for the material proposals and for the street sign materials as proposed in the 1975 MFT program. Trustee Osmon seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen , Mahoney, Rech , Driscoll NAYES: None The motion carried. Trustee Salaries Trustee Mahoney reviewed his memo, dated January 16, 1975, requesting a review of the proposed May 1 , 1975, salary increase for Village Trustees elected on April 15, 1975. Trustee Mahoney stated the relatively low salaries did not have a negative effect upon attracting people willing to seek election to the Board. He also felt there was no relationship between the efforts of the Trustees and their salary. He referred to the Village's tight financial situation, noted that the increase, once fully implemented, would cost the Village more than $5,000 a year, and felt there were better uses for the money. Trustee Mahoney moved to recind Ordinance No. 73-51 , an Ordinance amending Ordinance #62- 14 being an ordinance concerning salaries of the President and Trustees. Trustee Driscoll seconded the motion. 4121 1/2 7/75 Trustee Osmon felt the compensation, even with the increase, does not reflect time spent by the Trustees. Trustee Shirley felt service to the Village is something a person has to want to do, and did not feel the salary should be encouragement to people seeking a separate income. He recommended, if the increase is to remain as proposed, that the salaries of all six Trustees be pooled until such time that all Trustees earn the same salary. Mr. Raysa stated that Trustee Shirley 's proposal would be illegal . Trustee Rathjen stated he realized the financial situation of the Village and suggested to the other members of the Board that they should have taken that situation into consideration when appropriating, in his opinion , funds for unnecessary projects. He also felt the effort surpasses the salary. The Clerk called the roll and found the following: AYES: Trustees Shirley, Mahoney, Rech, Driscoll NAYES: Trustees Osmon , Rathjen The motion carried. President Armstrong requested Mr. Raysa to prepare the necessary ordinance. Resolution No. 75-5 President Armstrong read Resolution No. 75-5, a resolution excluding the population of the Village of Buffalo Grove from that of the Counties of Cook and Lake for the purposes of the Housing and Community Development Act of 1974. Trustee Rech moved to approve Resolution No. 75-5 as read. Trustee Osmon seconded the motion. At Trustee Osmon 's suggestion and after discussion , it was decided to change the last paragraph to read, "NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that the Village of Buffalo Grove desires not to join with the Counties of Cook and Lake in participating in Housing and Community Develop- ment activities under the Housing and Community Development Act of 1974." In reply to a question from Trustee Mahoney, Mr. Larson stated that if the Village is part of either county's population, there is a possibility that Mtheir housin� Dlan mays alsoRincludeopart of Buffalo Grove. Trustee Rech requested r. aysa s p nion o Propane Tanks While Mr. Raysa reviewed Resolution No. 75-5, Trustee Rech inquired as to Village regulations regarding propane tanks. William Dettmer, Chief Inspector, stated that tanks are inspected every 90 days. He stated that the tanks being used by Grand Spaulding Dodge are temporary until they receive full natural gas rights. He further explained safety features on the tanks in question. Resolution No. 75-5 (continued) After review, Mr. Raysa recommended the Board pass the resolution. Trustee Shirley was doubtful if the Village would receive anything from the Community Development Act, and questioned if the Board should withdraw themselves from the county's population ; thereby having some negative effect on the county's program. 4122 1/27/75 Trustee Osmon felt the Village should not be included with the county because the Village will have no input into their program. He felt the Village should adopt their own housing program because if it is not on file, then, in the event a developer does use these federal monies to build the housing, the Village could not object. Trustee Rech felt the Village should retain its sovereignty for the present time because she felt more information would be forthcoming regarding funding and what will go into this particular program. The Clerk called the roll and found the following: AYES : Trustees Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll NAPES: None The motion carried. Unemployment In Village Trustee Rech questioned whether it would be appropriate to place,on a future agenda,discussion regarding the unemployment situation in the Village. She stated from calls she has received, she feels unemployment in the Village is higher than 3% and questioned if, through the Chamber of Commerce or Rotary, the Board could determine if any of the businesses in the community are hiring people and if they might consider hiring people in Buffalo Grove. She also felt some community projects might be filled with these unemployed people. Mr. Larson stated that State Statute requires that all community projects pay prevailing wages. President Armstrong requested that Mr. Larson do some research on the matter and report back to the Board. Phoenix Development Trustee Rech questioned Mr. Raysa as to how Phoenix Development Company's decision not to develop around the golf course was going to effect the status of the Public Works Garage and the golf course. Mr. Raysa stated it would not affect them at all . Adjournment There being no further questions, Trustee Osmon moved to adjourn to Workshop. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 9:40 P.M. Respectfully submitted, Village Clerk PASSED AN PR ROVE this day of , 1975. 7 / V flag Pr ident