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1973-12-17 - Village Board Regular Meeting - Minutes 2958 12/17/73 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, HELD MONDAY, DECEMBER 17 , 1973, AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS In the absence of President Armstrong, Trustee Shirley called the meeting to order at 8 :27 P.M. Those present stood and recited the Pledge of Allegiance to the Flag. In the absence of the President, Trustee Shirley called for a motion appointing a President Pro Tem. Trustee Osmon made a motion stating that Trustee Shirley act as President Pro Tem. Trustee Driscoll seconded. The motion passed unanimously. In the absence of the Clerk, Trustee Shirley asked for a motion to appoint Karen Fergadis Clerk Pro Tem. Trustee Osmon made a motion to that effect which was seconded by Trustee Driscoll. The motion passed unanimously. The Clerk called the roll and found the following members present: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech and Driscoll. Absent: President Armstrong Also present: Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Arnold Seaberg, Village Engineer; and William Balling, Administrative Assistant. 1. Minutes of December 10 , 1973 Trustee Osmon moved that the minutes of December 10 , 1973 , be approved as submitted. Trustee Mahoney seconded. A roll call vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Rech and Driscoll NAYES : None ABSTAIN: Trustee Rathjen Motion passed. 2. Approval of Warrant #278 Trustee Shirley stated that there were no changes in Warrant #278 and proceeded to read it. Trustee Mahoney moved that the Warrant be approved. Trustee Rech seconded. may'/�E , ��✓ 2959 12/17/73 Trustee Rech questioned the entry for Associated Planners - Master Plan and November services - under General Government. Mr. Larson said the amount $723 . 00 was the remaining monies to be paid for work done under contract and amount due for preparation of official map which was not provided for in the contract. There was discussion of this point with Trustee Osmon objecting to the fee for work additional beyond the contract.-Trustee Shirley said he thought the issue here was the fact that Associated Planners was not the official Village planner on a standard retainer basis and the matter of having or not having an official planner should be answered in order to avoid having to question each item paid to Associated Planners. It was decided to leave the item on the Warrant. A roll call vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None Motion carried. 3. President' s Report Trustee Shirley read the letter President Armstrong sent to Governor Walker by certified mail December 14 regarding the December 13 snow storm and clearing of Route 68 and Route 83. The letter questions the poor service provided by the State in clearing these two routes after they were notified of their impassability and when the Village was able to so effectively keep the Village streets cleared. Trustee Shirley publicly commended President Armstrong' s initiative in informing the Governor of the undesirable situation. 4. Village Manager' s Report Mr. Larson recapped for the Board the effects of the December 13 snow storm: 15" of snow fell between Thursday and Sunday P.M. requiring 280 manhours spent clearing streets for a cost of $1, 680 ; 340 tons of salt for a cost of $3 ,530; the storm cost approximately $5,300 . Mr. Larson commended both the Public Works and Police Department for efforts in the last week which went beyond their normal responsibilities . Mr. Larson then continued to review the Summary of Administra- tive Activities for the Month of November 1973 . 5. Standing Committee Reports There were no standing committee reports . L. CORRECTED 2960 12/17/73 6 . Committee of the Whole L. Buffalo Grove Fire Protection Trustee Shirley stated that during the workshop discussion of December 10 a polling of the Board found it to be a particular point of view and he entertained a motion directing the attorney to prepare agrements relative to last week 's discussion as outlined in the agenda; to prepare an agreement with the Buffalo Grove Fire Protection Company, the Wheeling Rural Fire Protection District and the Village regarding the creation of a municipal department; the transfer of fire equipment to the Village; review of future capital equipment purchases; and employment of existing fire department personnel. Trustee Osmon made a motion to that effect and Trustee Driscoll seconded. Trustee Shirley questioned the statement in a news report that the turnover time after referendum would be 90-120 days which is contrary to last week' s discussion. Chief Winter stated that they had asked for a maximum of 30 days to make sure the changeover went smoothly but that after the referendum and the votes are counted and certified, it can be turned over immediately. The news report had mistakenly reported 90-120 days. L. In response to a comment made by Trustee Rech, Trustee Mahoney reiterated his desire for Mr. Raysa to tie down in the contract as much as possible at this time relative to the transfer of fire equipment when the Village goes municipal. Chief Winter stated that he too felt this was necessary. Trustee Osmon offered the services of the Fire Committee to Mr. Raysa. Mr. Raysa then requested from the Committee a map of the area to be annexed. A roll call vote on the Osmon motion indicated the following: AYES : Trustees Osmon, Rathjen, Mahoney, Driscoll NAYES : Shirley and Rech Motion passed. Trustee Osmon requested a minority report from the "No" votes. Trustee Mahoney stated that he, felt cogent reasons for their votes had been given at previous discussions and no report was needed. Trustee Rech defended her right to vote "No" and questioned the fairness of Trustee Osmon 's request. Trustee Osmon' s response to Trustee Rech's comments is that the fairness was explained in that no intent as to the validity or fairness of her vote was intended; that due to the importance of this matter if she or Trustee Shirley have vital information pertinent to this matter, in the best interests of the Village, it should be brought forth and if they do not, this also should be noted for the record. He also noted that it stated that no minority report was necessary; that Mr. Shirley stated CORRECTED 2960 a 12/17/73 L- that he would probably respond with a minority report or be willing to work with Trustee Rech on same; and that Mr. Shirley did leave it questionable as to whether he would or not. Mr. Shirley responded to Mr. Osmon by stating that Mr. Osmon and Mrs. Rech did discuss the subject of fairness of the request that was made; that he spoke for himself only and said that he would respond and that it would not be done tonight; that it is not done but will be submitted when he finishes it. He offered to work with Mrs. Rech if she chose to and that he would answer the request. b V L. 2961 12/17/73 Heitkotter Public Hearing L.� Trustee Shirley asked for a motion to recall the Heitkotter Public Hearing. Trustee Osmon made a motion to that effect. Trustee Rech seconded. Motion passed unanimously. Trustee Shirley called the Public Hearing to order at approximately 9 :00 P.M. Trustee Shirley stated for the record that a notice was issued calling the Public Hearing December 10. That hearing was continued to December 17 because the attorney for the Heitkotter annexation and zoning was unable to be in attendance. Trustee Shirley then recognized Mr. William J. Moore, attorney for the petitioner, and asked that he give his presentation. Mr. Moore stated that what he has presented before the Village arises out of a contractual arrangement between Peter and Anna Heitkotter and Austin and Joanna Brodnan of property on Route 83 whereon there exists a 32 ' barn, a frame residence and a couple of out buildings on about a 4 . 6 acre parcel. Mr. Moore said the request is being made for consideration of annexation of this property subject to two contingencies : 1) that zoning be granted allowing the barn to be used for a floral establishment, not a nursery but a floral shop and L. 2) financing contingency contained in the language of the sales contract; in essence, purchaser has time to secure financing once indication of zoning is secured. This was necessary because it would be unfair to sellers to commit to annex for use that is not their intent if buyers cannot obtain zoning. Mr. Moore then turned attention to the site plan which contains the recommendations of the Plan Commission. He said there is only area which is offensive to Brodnan and himself and that is the Plan Commission recommendation that the property be brought in under R-1 with Special Use classification when the residential area in which the property lies in all R-3 zoning. Mr. Moore felt the R-1 classification imposes unnecessary restrictive hardships on the petitioner. Other than that, he said, the language of the pre-annexation agreement is that which has been hammered out in hours with the Plan Commission. The hearing with the Appearance Commission has been continued to January because the site plan was not available when the hearing was originally scheduled. Mr. Moore said he needed a clear indication from the Board that the proposal is satis- factory so that the final thrust toward financing can be made. Mr. Moore then stated that this was his first experience in the community of Buffalo Grove and complimented Mr. Dettmer and the Plan Commission on their fine handling of the matter. He said he was most courteously treated and found the experience with Buffalo Grove to be most pleasureable. 2962 12/17/73 Since no one was present from the Plan Commission, Trustee Shirley read the memo of November 19 submitted by Mr. Genrich outlining the three conditions set up at the Public Hearing of the Plan Commission. Trustee Shirley asked about the third recommendation of the Plan Commission - that referring to deletion of the southeast driveway and screening along the southern property line. Mr. Moore said that was entirely agreeable and that the driveway would be returned to grass. Trustee Rathjen asked if the zoning classification could be changed to R-3 as he felt there was no reason to impose greater restrictions on this property than surrounding ones . There was some discussion and the main consideration was what changes the owner might be able to bring about on the parcel with R-3 zoning which would be limited with R-1. Mr. Larson said that any changes contemplated by the owner under R-3 would have to be brought before the Village. Mr. Moore pointed out that in Paragraph 3 of the agreement it is stated that it is not the intent to subdivide and if it were to become the intent, would be done only after seeking Village approval. Trustee Osmon said R-1 and R-3 were both detached single-family dwellings and felt no objection to the R-3 classification. The height restrictions are the same in R-1 and R-3 so that would present no problem. Mr. Raysa said he didn' t like the financial contingency clause in the contract. He suggested that the Board take an informal vote to give the Heitkotters a clear indication of the Board approval of the proposal but take formal action after the financial contingency has been met. Mr. Raysa referred to paragraph 9 of the agreement which pertains to permits to connect to municipal water and sewerage systems and states that Brodnan would connect the barn and the house to the sewerage system within 5 years and to the water system when said system falls within 200 feet from the premises. Mr. Raysa asked whether the Village was willing to permit use of the septic system for 5 years, whether the County would permit it. There was lengthy discussion of this point. Mr. Moore said the septic system is 5 years old. Mr. Heitkotter said there is 125-130 feet of septic field with two arms of 50 feet each. He said the well reaches a depth of 165 feet. Mr. Seaberg suggested the following two sentences be added to paragraph 9 to solve the queries : 1) If any new or additional buildings are constructed , they would be required to put in water and sewer system. 2) If Lake County Board of Health or the Village deems it necessary for health, welfare or safety reasons , Brodnan would be required to put in the water and sewer system. The Board agreed with this . Trustee Osmon asked that the phrase "by the Plan Commission" be deleted from paragraph 10 and "Village" added instead. The Board concurred. 2963 12/4/73 Mr. Larson raised two points: dedication of Route 83 right of way and cost of water main. Regarding dedication for Route 83 , he said 50 feet was required and at some points only 40 feet are dedicated on the site plan. Mr. Moore said the additional dedication for a total of 50 feet from the center would be made. Mr. Larson then asked for some reference where Brodnan would agree to pay a proportionate share of the water main when such a proposal is made. Discussion followed relative to method of assessment. Trustee Rathjen said assess- ment based on frontage would be unfair as it would assess Brodnan nine times that of any other single family residence since his frontage is 628 feet. Mr. Moore said they were prepared to pay their fair share of public utilities but he wanted cleared up the basis for the charge. He objected to the frontage basis but felt per unit tap on basis was acceptable. Trustee Shirley suggested that Dan Larson and Arnold Seaberg sit down with Mr. Moore and Brodnans before final papers are drawn up and clarify this point. Mr. Seaberg said there should be some statement in the agree- ment to the fact that if any new buildings are constructed, codes , ordinancesand Village standards in effect at the time of construction should apply. Trustee Osmon raised discussion of a point relative to outside storage or sales where this is stated on the bottom of site plan with the words "not contemplated" . He felt this left it wide open for future outside storage or sales. Discussion revealed that limited outside sales were acceptable but extensive displays were felt to be objectionable. There being no further discussion, Trustee Osmon made a motion to adjourn the Public Hearing and resume the regular meeting. Trustee Driscoll seconded. The motion passed unanimously. Time: 9 :59 P.M. The meeting resumed and Trustee Osmon made a motion to direct Mr. Raysa to draw up the papers for annexation as discussed at the Public Hearing under R-3 Special Use zoning classifica- tion. Trustee Rathjen seconded. Trustee Mahoney asked if Trustee Osmon would expand his motion to direct Mr. Raysa to confer with the other party in order to see if there is common ground on controversial points. Trustee Osmon expanded his motion to include same. At Trustee Shirley's suggestion, Trustee Osmon asked to have included stipulations made by Arnie Seaberg in paragraph 9 . Mr. Moore said he would keep the Village posted on financial progress. A roll call vote found the following: L. 2964 12/17/73 AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None Motion passed. Ordinance No. 73-58 Trustee Shirley read Ordinance No. 73-58 , an Ordinance granting certain rights to Burns Electronic Security Services, Inc. , regarding the installation of an alarm control system in the Village Police Station. Trustee Osmon made a motion to approve the ordinance. Trustee Mahoney seconded subject to Mr. Raysa' s review. In the way of background information, Mr. Larson said this was presented to the Board in a different form. The Police have contacted all the present alarm firms and that the Burns proposal was the best offer to the Village with ten alarms at no cost. The use of one company would eliminate confusion of 5 or 6 different companies and organize our current alarm set up. Trustee Mahoney asked Mr. Raysa to review the Ordinance in the usual manner but also to make sure that the entire arrangement L. is valid particularly since there might be some argument on cost between Burns and some other system. He asked Mr. Raysa to give some thought to whether the Village has the power to enter into such an exclusive agreement with a company. In response to Trustee Shirley' s question relative to the need for formal bidding in this situation, Mr. Raysa said that since there is no cost to the Village he saw no need for bids. A roll call vote indicated the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES : None Motion passed. Resolution No. 73-26 Trustee Shirley read Resolution No. 73-26 requesting William Rainey Harper College to consider Buffalo Grove for the site of their second campus. Trustee Osmon made a motion to approve the resolution. Trustee Mahoney seconded. L. Trustee Rathjen stated that although he felt President Armstrong and Mr. Larson had good intentions in meeting with Dr. Lahti regarding the Harper campus, he wondered who determined that 2965 12/17/73 Buffalo Grove is actually interested in securing this campus. Trustee Rathjen felt that none of the problems associated with such a development had been addressed and the ease of passing a resolution having such far reaching implications was ridiculous when compared with what is required for an annexation. Specifically, Trustee Rathjen asked about the impact on roads, the impact on the Village itself, the v question of waiving all fees as stated in the resolution which would give them tax free property and taking 100 acres out of the revenue generating property. In view of these questions, Trustee Rathjen said he could not support the resolution. Trustee Mahoney felt the Village ought to indicate its interest in having Buffalo Grove considered as a possible site for a school and that is all the resolution would be doing. When the fine points of locating a campus in Buffalo Grove are finally, if ever, considered, it may prove to be impractical. This resolution is not approving any site or development. II Relative to waiving of all fees as stated in the resolution, Mr. Larson said fees were waived when Buffalo Grove High School was being considered and he felt the same consideration should be given to Harper College. Mr. Larson further stated that he and Mr. Armstrong thought they were carrying out the wishes of the Village Board when they conferred with Mr. Lahti. Trustee Shirley confirmed that in late July it was suggested that a meeting be held with Harper to determine if they were serious in their consideration of the Buffalo Grove site. Trustee Shirley felt the Board did not have enough information to accept or reject the campus proposal and should pass the resolution as an indication of interest. Trustee Rech agreed that Harper College would be an asset to the Village but questioned whether it has to be in resolution form to express an interest. Also, she said, she agreed with Trustee Rathjen in his objection to the waiving of fees. Discussion relative to waiving of fees continued. It was suggested that "all fees" in the third line of paragraph 9 be changed to "Village tap-on fees" . Mr. Raysa then said he did not like the reference to assurance of sufficient sewer capacity in paragraph 9. Dis- cussion followed relative to whether the sewer capacity would be adequate. Mr. Seaberg thought it would be adequate since once a requirement is placed on the sewer facility, future development in the area would be done with that consideration in mind. Mr. Raysa pointed out that it would be impossible to force MSD to increase the size of the sewer if needed. Trustee Shirley said it seemed to him the whole paragraph should be stricken since there was such disagreement over it. He said there was a motion to approve the resolution as read and asked for a vote : 2966 12/17/73 AYES: Trustees Shirley, Osmon, Mahoney, Driscoll NAYES: Trustees Rech and Rathjen Motion passed. Trustee Mahoney said he had voted mistakenly thinking they were voting on the resolution with the addition of "Village tap-on" substituted in paragraph 9 . He then made a motion that the resolution just passed be amended in paragraph 9 changing "all" to "tap-on" and "their" in paragraphs 3 , 6 , 9 and 12 to "its" . Trustee Osmon seconded. A roll call vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Driscoll NAYES : Trustees Rech and Rathjen Motion passed. Administrative Order Number 9 Trustee Rathjen stated that he objected to the tenor of the Order. He said he felt it forbid anybody to say anything except the Village President and Board of Trustees . Trustee Rathjen said he felt Administrative Order No. 9 hampered the dissemination of information and the cover-up of information is entirely the wrong way to go. Mr. Larson said he felt the intent of the Order was expressed in the second paragraph where it states that information would be presented in an organized and orderly fashion in an effort to prevent the printing of false or inadequate conclusions . Trustee Mahoney did not agree with Trustee Rathjen' s view and further stated that the paper boy does not speak for the Daily News nor does the steno clerk speak for General Motors . He said it is reasonable to have some sort of policy and spokesmen responsible for the dissemination of information rather than no policy at all. It was decided to review the Order paragraph by paragraph. Trustee Mahoney noted the incorrect spelling of a word and stated that the correction should be to "disbursement" , in the introductory paragraphs. After review and discussion of each paragraph the following changes were made : paragraph 3 - incorrect spelling changed to correct "disbursed" ; paragraph 4- delete the last 31/2 sentences beginning "and it should be noted by the press official representatives of the Village. " ; paragraph 7 - change the word "necessary"in the first sentence to "appropriate" . Trustee Shirley asked the press representatives in the audience for their views regarding the Order. Mr. Joe Franz felt paragraph 4 was impractical. The other three represent atives also felt that paragraph 4 was somewhat restrictive in 2967 12/17/73 that at times, people other than those in supervisory positions have relevant information to share. As a result of views expressed by the press , it was decided to modify paragraph 4 to the effect that the Village would make every effort to afford reasonable cooperation in the disbursal of information in the instance where people in non supervisory positions might have information which the press deems newsworthy. Trustee Rathjen made a motion to disapprove Administrative Order Number 9. There being no second, the motion was denied. It was noted that Administrative Orders are usually reviewed at Workshop sessions and not formally approved. Mr. Larson said that in view of the upcoming three week recess , he placed it on the agenda at this time. Police Pension Fund Report Trustee Shirley asked for a motion for acceptance of the report as submitted. Trustee Osmon made a motion to that effect. Trustee Mahoney seconded. There was no discussion and the motion passed unanimously. i.. Villa Verde Planned Business Center Trustee Mahoney made a motion to direct the Plan Commission and the Appearance Control Commission to submit a recommendation on the Villa Verde Planned Business Center. Trustee Osmon seconded. A roll call vote indicated the following: AYES: Trustees Shirley, Osmon, Rech, Mahoney, Rathjen, Driscoll NAYES : None Motion passed. Trustee Shirley wished everyone a Merry Christmas and noted that the next scheduled meeting is Monday, January 7, 1974 . Mr. Larson asked that a date be set for the Marquardt Property Public Hearing and suggested January 21 , 1974 . Trustee Osmon made a motion that the Public Hearing be held on January 21 , 1974 , and Trustee Driscoll seconded. Motion passed unanimously. There being no further business , Trustee Osmon moved that the meeting be adjourned. Trustee Mahoney seconded. Motion passed unanimously. 2968 12/17/73 Time: 11: 35 P. M. Respectfully submitted, Clerk Pro Tem APPROVED day of , 1974. 1 / AAP Atip*4 iti ‘./.... -‹-7, it a• - P—esiden 1/ l L