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1974-07-22 - Village Board Regular Meeting - Minutes 3972 7/22/74 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF L... THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, JULY 22, 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINuIS. President Armstrong called the meeting to order at approximately 8:20 P.M. Those present stood and recited the Pledge of Allegiance to the Flag. Trustee Osmon moved to appoint Mrs. Carol Hennenfent Clerk Pro Tem. Trustee Rech seconded the motion and upon a voice vote the motion passed unanimously. The Clerk called the roll and found the following: PRESENT: President Armstrong; Trustees Shirley, Osmon , Rathjen, Mahoney Rech, Driscoll Also present were: Arnold Seaberg, Village Engineer; William Balling, Administrative Assistant; Richard Glueckert, Finance Director; and Robert Collins, Village Treasurer. Richard Raysa, Village Attorney, arrived at 9:00 P.M. 1 . Minutes of July 15, 1974 Trustee Osmon moved to approve the minutes of July 15, 1974, as submitted. L... Trustee Shirley seconded the motion. Trustee Osmon referred to page 3969 and requested the following be inserted between the Ayes and Nayes in the roll call under Wheeling Fire Protection District: "It should be noted that after the vote of the Board, upon additional discussion by Mr. Mahoney about a single three way contract, Trustee Rech changed her vote and compelled President Armstrong to break the tie defeating the motion to approve." Trustee Shirley referred to page 3966, last paragraph under College of Lake County, line 8, and stated he said he would rather the Village take a position as to one of the alternative solutions, but did not specify one or the other. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAPES: None The motion carried with changes noted. 2. Warrant #292 Trustee Shirley presented Warrant #292 in the amount of $151 ,479.41 and moved for its approval . Trustee Osmon seconded the motion. Various items were discussed but no changes were made. Trustee Osmon stated the reimburse- ment from the Village to him under General Fund was for insurance premiums paid by him to be covered under the group policy plan. The insurance company rejected his request stating he was a poor medical risk; therefore the IL.� re- imbursement. With regards to luncheon expenses, Trustee Shirley requested Mr. Glueckert, Finance Director, to make certain that the purpose of any entertainment expense is clearly listed on the back of all receipts. In reply to a question from Trustee Rech, Trustee Shirley stated the Personnel Manual stipulates a provision for key department personnel membership fees 3973 7/22/74 to be paid for professional and local service organizations and felt the Village staff should be represented at the Rotary Club. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon, Rathjen, Rech, Driscoll NAYES: Trustee Mahoney The motion carried. 3. Committee of the Whole Cambridge Drive and University Court Intersection President Armstrong reviewed a letter from Mrs. Linda Schwartz, 138 Selwyn Lane, requesting a stop sign at the intersection of Cambridge Drive and University Drive and at the corner of Eton Court at Downing. He also reviewed a memorandum dated June 27, 1974, from Harry Walsh, Chief of Police, which recommended a stop sign be placed eastbound on University and a yield sign installed at Eton Court and Downing. Trustee Osmon moved to approve Chief Walsh 's recommendation. Seconded by Trustee Driscoll . Mrs. Schwartz was present and stated she felt a yield sign would not be sufficient at Eton Court and Downing and requested a stop sign be installed. After dis- cussion, Trustee Shirley suggested this matter be reviewed further before action is taken and that Chief Walsh be requested to again look at the situation to see if he has a different opinion at this time. Mrs. Schwartz stated she felt this would not alleviate the problem. Trustee Driscoll stated immw he agreed and did not feel any further observance by the Police Department would help. Trustee Osmon amended his motion to direct the Public Works Department to place a three way stop sign at Eton Court and Downing, and a stop sign at eastbound University at Cambridge Drive. Trustee Driscoll seconded the motion. The Clerk called the roll and found the following: AYES: Trustees Osmon, Mahoney, Driscoll , President Armstrong NAYES: Trustees Shirley, Rathjen, Rech The motion carried. Fire Protection Agreement President Armstrong stated the Village did decide to revise the agreement between the Village, the Wheeling Rural Fire Protection District and the Buffalo Grove Fire Department and make it a three party agreement rather than separate agreements. �.J Trustee Osmon read the revised agreement and moved to approve. Trustee Driscoll seconded the motion. j Various objections were raised and discussed. Trustee Mahoney referred to page 3, paragraph 12, and stated he objected to it for two reasons : 1) It would require another donation per unit; 2) It obligates the Village to negotiate with the developer. He noted that if the Village is unsuccessful in negotiating a donation from a developer, the agreement between the Village and the district could be in jeopardy. Mr. Raysa arrived at this time. 3974 7/22/74 In reply to a question from President Armstrong regarding if one of the firemen decides to pay up for his previous years service in the fire depart- ment for retirement benefits, would the Village have to match his contribution , Mr. Raysa stated he would check this out and return with an answer next week. Trustee Osmon withdrew his previous motion and moved to table until the next regularly scheduled meeting. Trustee Driscoll seconded the motion and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None The motion carried. Foss Resubdivision Mr. Charles Berke, attorney for Mr. Foss, reviewed the request for a resubdivision of the southwest corner of Dundee Road and Buffalo Grove Road stating he felt it does meet the Subdivision Ordinance requirements in all respects. He further stated that in August of last year the Plan Commission voted not to recommend approval and felt the Commission did not consider the Subdivision Ordinance at all . Mr. Stan Haarr, Plan Commissioner, referred to the Annexation Agreement, page 4, paragraph 5 which states the development hereof shall be in substantial compliance with the site plan submitted and made part of this agreement (Exhibit B) which shows a substantially different plan than what is now being proposed. Mr. Haarr stated the Plan Commission is concerned about the dividing up of a sizeable piece of property which is the front door of the Village and questioned how many drives would be coming in and out of the property. In reply to a question from President Armstrong as to whether or not they have the right to resubdivide, Mr. Raysa stated they had to comply with the site plan and cannot deviate from it to any great extent. Mr. Berke stated that reference the annexation agreement, there is nothing that prohibits them from requesting to resubdivide the property. President Arh,strong stated the Village has the right to deny this request based on the fact that the Annexation Agreement stipulates that the develop- ment must conform to Exhibit B, the site plan. Trustee Osmon moved to deny the petitioner's request. Trustee Rech seconded the motion. Further discussion was held with Trustee Shirley stating he did not like the plan due to the type of businesses drawing high traffic. Mr. Foss stated he felt the parcel was commercial and commercial thrives on traffic, and he did not expect a great deal of traffic problems. Mr. Berke stated the Annexation Agreement zoned the property B-2 without any restriction on the use, and a portion of the Annexation Agreement permits 1 3975 7/22/74 them to get Building permits without even telling the Building Commissioner what the use is. President Armstrong stated this is true as long as they built in conformance to the site plan. Mr. Haarr stated there are restrictions listed in the Annexation Agreement. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon , Mahoney, Rech, Driscoll NAYES: Trustee Rathjen The motion carried. The request was denied. Mr. Berke stated the statutes require the reasons for disapproval be stated. President Armstrong replied the opinions of the Board were basically that as outlined i:n the Plan Commission report of August 2, 1973. Mr. Raysa stated that in the examination of the Annexation Agreement as presented by Mr. Haarr, it appears the site plan is not in conformity with the initial site plan. Special Service District s Mr. Raysa reviewed the use of a Special Service District to finance off site improvements for the area between Checker Drive and Lake Cook Road on Arlington Heights Road. With regards to the selling of bonds, Mr. Raysa stated Mr. Ed Benjamin , financial consultant, asked for an assessed valuation for several plats of land; plat of the land involved; engineering study .... with respect as to what the actual cost would be including a current cost; that this be presented to him; and that he would review the matter then to determine whether or not the bonds had a chance of being sold. In reply to a question from President Armstrong as to why the Village should proceed with this method of financing, Mr. Fred Hillman of Chesterfield Builders stated the basic reason for the request was that this method, or any method to finance the Checker Road Sewer which is used, the eventual payee is going to be the eventual property owners and to these people this seems to be a less costly way of financing construction and would cost them more to borrow these funds than it would be for the Village under its bonding powers. This method would thus be a savings to the ultimate homeowners. Lengthy discussion followed. Trustee Rech stated the special taxing district could only be used for a very specific use. Mr. Raysa stated the opinion seems to be that this would qualify as something special which would be permitted under the statute. Trustee Mahoney stated that subject to the condition that the Village would not absorb any cost or risk, he felt it reasonable to follow through with and moved to proceed to look into the matter further with the view of implementing same if everything is favorable. Trustee Osmon seconded the motion. The Clerk called the roll and found the following: AYES: Trustees Osmon , Mahoney, Driscoll NAYES: Trustees Shirley, Rathjen, Rech; President Armstrong The motion was defeated. 3976 7/22/74 Trustee Shirley requested more information as to the possibility of future use in another area. President Armstrong requested William Balling, Admin- istrative Assistant, to review and present the Board with further general information on the matter. 10:00 P.M. - President Armstrong declared a recess 10: 10 P.M. - The meeting resumed. Arlington Country Club Retention Basin President Armstrong reviewed the request from the Metropolitan Sanitary District for the Village to deposit $137,455.00 with the Sanitary District for the Village share of construction costs for the retention basin. Trustee Osmon moved to approve. Trustee Shirley seconded the motion. In reply to a question from Trustee Shirley, Mr. Arnold Seaberg, Village Engineer, stated that if the $137,455 is deposited now, the State Department of Transportation will reimburse the Village $25,000. The Village has already received $80,000 from the State Department of Transportation. The commitment from the State Department of Transportation is $105,000; $120,000 is to come from the Metropolitan Sanitary District and the remaining sum is to be paid by the Village. After further discussion , the Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAPES: None The motion carried. Ordinance No. 74-23 President Armstrong read Ordinance No. 74-23, an Ordinance approving the issuance of Tax Anticipation Warrants. Trustee Mahoney moved to approve Ordinance No. 74-23. Trustee Rech seconded the motion. In reply to a question froid Trustee Rech, Mr. Robert Collins, Village Treasurer, stated the $140,000 is the maximum the Village can obtain at the present time; and if the Village finds themselves in a bind financially again, anytime after the 1974 tax levy is passed, the Village can apply for tax anticipation warrants on the 1974 levy. After further discussion, the Clerk called the roll and found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAPES: Trustee Osmon The motion carried. Ordinance No. 74-21 Trustee Osmon moved to remove Ordinance No. 74-21 from table. Trustee Shirley seconded the motion , and a voice vote found the following: 3977 7/22/74 AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None The motion carried. Trustee Shirley moved to approve Ordinance No. 74-21 , an Ordinance appropriating funds for the fiscal year ending April 30, 1975. Trustee Driscoll seconded the motion. The Clerk called the roll and found the following: AYES: Trustees Shirley, Mahoney, Rech, Driscoll NAYES: Trustees Osmon, Rathjen The motion carried. 1974-75 Budget Trustee Mahoney moved to approve the Budget for the fiscal year ending April 30, 1975. Trustee Shirley seconded the motion. Trustee Rech referred to the page headed Summary Budget 1974-75 and stated the numbers were interchanged under Civil Defense Funds. Discussion was held regarding other items with Mr. Richard Glueckert, Finance Director, reviewing same. Trustee Rech referred to Sewer Operating on page 37 and noted the increase in the payment to Lake County from $159,700 to $178,100 and questioned if the Village was aware of this . Mr. Glueckert stated they were. The Clerk called the roll and found the following: AYES: Trustees Shirley, Mahoney, Rech, Driscoll NAYES: Trustees Osmon, Rathjen The motion carried. Legal Representation of Police & Fire Commission Hearing Trustee Mahoney moved to appoint the firm of Schwartz and Behrens to represent the Village at the Police and Fire Commission hearing regarding the dismissal of Officer Merenkov. Trustee Driscoll seconded the motion. The Clerk called the roll and found the following: AYES: Trustees Shirley, Mahoney, Rech, Driscoll NAYES: Trustees Osmon, Rathjen The motion carried. There being no further business to discuss, Trustee Shirley moved to adjourn. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 10:45 P.M. II Respectfully submitted, L.� r Clerk Pro Tem PAS AND PROVED this ,5 day of 1974. lage Pr siden NOTE: After reviewing the minutes of the Village Board meeting of July 22, 1974, with Mr. Larson, he has requested that the attached statement be made a permanent part of the record of said meeting under the heading Arlington Country Club Retention Basin. Arlington Country Club Retention Basin Mr. Larson noted that the commitment from the State Department of Transportation is $130,000 and not $105,000, and has asked that the minutes be amended to include this correction as well as the following: The State of Illinois has appropriated and is in the process of releasing an additional $25,000 for this project from the fiscal year 1974 appropriations. An additional $25,000 is included in the State of Illinois fiscal year 1975 Flood Improvement Project appropriations. This $25,000 will be released upon approval by Governor Walker. It has already been approved by the State Legislature. Forrest Neil of the Metropolitan Sanitary District of Greater Chicago in his letter of July 15, 1974, has asked that the State funds for this project be deposited with the Village. The Village would then deposit all additional monies with the Metropolitan Sanitary District in accordance with our agreement with the State of Illinois and the Metropolitan Sanitary District. Because it is not known when the remaining $25,000 for fiscal year 1975 will be released and because of this agreement and limited time for construction, it is recommended that the Village deposit the requested $137,455 upon request by the Sanitary District. Initially the Village would then be depositing $32,455 of its monies for this project to insure that the retention basin construction would begin on October 15, 1974, as provided in the license agreement and in the agreement with the State of Illinois and the Metropolitan Sanitary District. The Village should be reimbursed $25,000 of this amount by the State of Illinois if Governor Walker approves this additional $25,000 for this retention basin.