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1973-04-23 - Village Board Regular Meeting - Minutes 2741 4/23/73 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, APRIL 23 , 1973 , AT THE MUNICIPAL BUILDING, `-- 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS . The President called the meeting to order at approximately 8 :12 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 Fabish, Shirley, Osmon, Rathjen Mahoney, Driscoll Also present were Mr. Daniel Larson, Village Manager , Mr. Arnold Seaberg, Village Engineer, and Mr. Richard Raysa, Village Attorney. 1. Minutes of April 16, 1973 Trustee Fabish moved the minutes of April 16 , 1973 , be approved as submitted. Trustee Osmon seconded the motion. Trustee Mahoney requested on page 2728 , under Ordinance #0-73-12 , second paragraph, that the last line be changed to "that the L. District would be contracturally bound to : " . A roll call vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney NAYES : None ABSTAIN: Trustee Driscoll The motion carried. 2 . Warrant #262 Trustee Shirley presented Warrant #262 , in the amount of $210, 973 . 42 , explained that the major item was the semi-annual interest on the Water Fund bond issue, and moved for its approval. Trustee Fabish seconded the motion, and a roll call vote found the following : AYES : Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. 3 . Committee of the Whole 1 Swanson Development Ordinance #0-73-15 President Armstrong read Ordinance #0-73-15 , an Ordinance annexing certain property located on the southeast corner of 2742 4/23/73 of Arlington Heights and Checker Roads. Trustee Osmon moved Ordinance #0-73-15 be adopted as read. Trustee Shirley seconded the motion and stated that the fourth whereas should read Wheeling Rural Fire Protection District. It was stated that the Wheeling Rural Fire Protection District had received notice of the annexation and the wording of the Ordinance is in error and should be changed. A roll call vote found the following : AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: Trustee Fabish The motion carried with the change made. Ordinance #0-73-16 Trustee Mahoney read Ordinance #0-73-16 , an Ordinance zoning certain property located at the southeast corner of Arlington Heights and Checker Roads to the R-9 Multi-family District for a Planned Unit Development. In response to a question from Trustee Osmon, Mr. Raysa stated that this Ordinance is in compliance with the annexation agreement. Trustee Osmon moved Ordinance #0-73-16 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following : AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: Trustee Fabish The motion carried. Hawthorn Development President Armstrong stated that the next ten ordinances pertain to the annexation of the Hawthorn Development. Ordinance #0-73-17 President Armstrong noted changes in the annexation agreement pertaining to certain property located on Route 83 to Weiland Road, which were requested at the meeting of April 16 , 1973 . He then read Ordinance #0-73-17 , an Ordinance approving the annexat- ion agreement just discussed. Trustee Osmon moved Ordinance #0-73-17 be adopted as read. Trustee Mahoney seconded the motion. 4 In response to a question from Trustee Fabish, Mr. Raysa stated that paragraph 7 of the agreement should be reworded to indicate that the only one able to use the existing well is the current owner and cannot be transferred to any future owner. Trustee Osmon amended the motion to change the wording in Section 7 to, "Inasmuch as presentcwners of Parcel 3 have an existing well on the property and said owners shall not be required to tap on to any existing Village plant now or at any time in the future, if property is sold or otherwise transferred or developed under the B-2 Ordinance, connections must be made to the Village water system. " Trustee Mahoney seconded the amendment. Trustee Rathjen stated that section 4 , line 5 , should 2743 4/23/73 be changed to "must be submitted for approval" . Mr . Beubian, attorney for property owners , agreed to the changes. A roll call vote found the following : AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried with changes made. Ordinance #0-73-18 President Armstrong read Ordinance #0-73-18 , an Ordinance annexing certain property to the Village located on Route 83 to Weiland Road. Trustee Osmon moved Ordinance #0-73-18 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. Ordinance #0-73-19 President Armstrong read Ordinance #0-73-19 , an Ordinance zoning certain property located on Route 83 to Weiland Road to the B-2 Business District, to the R-8 Multiple Family District, and to L. the B-2 Business District with a non-conforming use. Trustee Osmon moved Ordinance #0-73-19 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. Ordinance #0-73-20 President Armstrong noted that annexation of the Weidner home does not require an annexaiton agreement because it will be zoned R-1 Single Family District. He then read Ordinance #0-73-20, an Ordinance annexing the Weidner home to the Village. Trustee Mahoney moved Ordinance #0-73-20 be adopted. Trustee Osmon seconded the motion, and a roll call vote found the following : AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. Ordinance #0-73-21 L. President Armstrong noted that this Ordinance pertains to the Hawthorn annexation agreement. The Board reviewed the fifth revision of the annexation agreement, dated April 20 , 1973 , which 2744 4/23/73 included changes requested at the April 16 , 1973 meeting. The President read the changes. Additional changes made were as follows: 1. Section 4 , line 8 , "after constructed" , add " (on either Parcel lA or 1B) " 2. Section 5, line 20, "less" changed to "later" . 3 . Section 7 , add "Maximum height of any building will not exceed 66 feet from street grade level . " 4. Section 8 , line 13 , change "$50. 00" to "Village" . 5. Section 11 should refer to "Exhibit E" . Mr. Beubian submitted "Exhibit E" , being a letter from School District #102, dated March 21, 1973 , and an agree- ment, dated March 20 , 1973 , between School District #102 , The Richards Group of Illinois, and Tekton Corporation. 6. Section 16 was changed to read, "Developer agrees that all aeicatcer streets shall comply with Village standards as set forth in "Exhibit F" with the exception that private streets can be constructed without curb and gutter, but with stabilized aggregate shoulders, and sidewalks L. and in accordance with "Exhibit D" attached hereto, with the further exceptions that East- West dedicated road shall be a sixty (60) foot right-of-way with off-centered road placement and sidewalks on one side . " Mr. Beubian submitted Engineering Standards marked "Exhibit F". 7 . Section 20, line 4 , change "Galesville" to "Mt. Simon" . 8 . Section 20, line 4, add "minimum" after "of" . 9. Section 20 shall refer to "Exhibit F" . 10. Section 10 shall include the following sentence: "Both parties agree to use their best efforts and to cooperate reasonably in order to achieve a practical and economically feasible route to the offsite water main connecting to the exist- ing Village water system. " President Armstrong read Ordinance #0-73-21 , an Ordinance approv- ing the annexation agreement for certain property located on Weiland Road south of Horatio Gardens and north of the Lake-Cook County line. Trustee Osmon moved Ordinance #0-73-21 be adopted as read. Trustee Driscoll seconded the motion. In response to a question from Trustee Shirley, Mr. Beubian stated that the names of the beneficiaries of the trust have been submitted . A roll call vote found the following: 2745 4/23/73 AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None � I L... The motion carried. Ordinance #0-73-22 President Armstrong read Ordinance #0-73-22, an Ordinance annexing to the Village certain property located on Weiland Road, south g P P Y LI of Horatio Gardens and north of Lake-Cook County line. Trustee Osmon moved Ordinance #0-73-22 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following : AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. Ordinance #0-73-23 President Armstrong read Ordinance #0-73-23 , an Ordinance zoning certain property located on Weiland Road south of Horatio Gardens and north of the Lake-Cook County line to the R-9 Multi-Family District for a Planned Unit Development. Trustee Mahoney moved Ordinance #0-73-23 be adopted as read. Trustee Osmon seconded the motion, and a roll call vote found the following : �... AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. Ordinance #0-73-24 President Armstrong noted that the annexation agreement to be discussed pertains to the industrial portion of the annexation. In response to a question from Trustee Rathjen, Mr. Beubian stated that he will submit a certified list of beneficiaries of the trust. President Armstrong read changes in the agreement which were requested at the April 16, 1973 meeting. It was decided to include in Section 5 a reference to "Exhibit B" , engineering standards. President Armstrong read Ordinance #0-73-24 , an Ordinance approving the annexation agreement for certain property located south of Horatio Gardens and west of the Soo Railroad. Trustee Osmon moved Ordinance #0-73-24 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following : L. AYES : Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. 2746 4/23/73 Ordinance #0-73-25 President Armstrong read Ordinance #0-73-25, an Ordinance annexing L certain property to the Village located south of Horatio Gardens, west of the Soo Railroad. Trustee Osmon moved Ordinance #0-73-25 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following : AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll �./ NAYES: None The motion carried. Ordinance #0-73-26 President Armstrong read Ordinance #0-73-26 , an Ordinance zoning certain property located south of Horatio Gardens, west of the Soo Railroad to the M-1 Manufacturing District. Trustee Osmon moved Ordinance #0-73-26 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. Canvass of Votes �... The canvass of votes of the election held on April 17 , 1973 , commenced with all Trustees participating in reading of tally sheets and entering results in the canvass books . The following results were announced by the Canvass Board : Philip Gregory Ralston Jr . received 716 votes for Trustee Thomas F. Mahoney received 911 votes for Trustee William E. Peterson received 603 votes for Trustee Betty C. Spence received 586 votes for Trustee Charles B. Cushman received 436 votes for Trustee Algimantas (Al) Kezelis received 486 votes for Trustee Donald L. Kearns received 359 votes for Trustee Jerry Driscoll received 738 votes for Trustee John T. Ayres received 149 votes for Trustee Clarice V. Rech received 836 votes for Trustee President Armstrong read Resolution #0-73-11 , a resolution declar- ing the elected Trustees to be Thomas F . Mahoney, Clarice V. Rech, and Jerry Driscoll . Trustee Osmon moved Resolution #0-73-11 be adopted as read. Trustee Fabish seconded the motion, and upon a voice vote, the motion passed unanimously. President Armstrong administered the oath of office to Trustees Mahoney, Rech, and Driscoll , and they took their seats at the `,,, dais. 2747 4/23/73 President Armstrong presented a trophy to retiring Trustee Fabish on behalf of the citizens in appreciation for ten years of dedicated service to the Village. 11:13 P.M. - The President declared a recess . 11:40 P.M. - The meeting resumed. High School Police Counselor Program Mr. Larson stated that the Illinois Law Enforcement Commission has awarded a grant to the Village in an amount not to exceed $19 ,150 for funding of a police counselor in the Buffalo Grove High School with the following conditions: 1. When the officer is selected for PCR duty, a replacement officer must be hired. 2 . The PCR officer must be sent to training school. 3 . Commissioned police officers must attend in-service PCR training. 4 . An advisory committee of citizens must be formed to represent community interest. 5. Village must agree to hard cash requirement of $885 to be used for the purchase of a car . 6 . A separate line item must be included in the next budget for the "hard match" . 7 . The federal share shall not exceed 75% , the state 'buy-in" appropriations shall not exceed 8 . 33% of the federal share, and the local match shall equal not less than 25% of the federal share. Trustee Osmon moved for approval of the Village ' s participation in this program. Trustee Driscoll seconded the motion. In response to a question from Trustee Rathjen, Mr. Larson stated that the grant is good for one year . A roll call vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None Li ABSTAIN: Trustee Rech The motion carried. Trustee Rech explained that she had not reviewed this proposal; therefore, she abstained. 1 Trustee Osmon moved the Board direct the Fire and Police Commission to conduct examinations for Patrolmen in order to replace the PCR officer. Trustee Driscoll seconded the motion, and a voice vote found the following: 2748 4/23/73 AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES : None I The motion carried. Community Teen Program Robert Bogart and Norman Katz stated that they have requested of the Park District use of Willow Stream Park for a temporary teen center until Emmerich Park is ready. Because this is a new service project, Mr. Larson requested the Board to review the matter. Discussion followed. Trustee Shirley moved the agreement with the Park District for the use of Willow Stream Park be approved as submitted . 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. Storm Damage President Armstrong reviewed with the Board a memo , dated April 23 , 1973 , which outlined the damage created by the storm of April 21, 1973 . Power outage at lift stations caused much flooding; therefore, the subject of an emergency generator arose. The President stated that Mr. Schindler will go to McHenry on May 19 to try to purchase surplus generators from the federal government. Discussion took place regarding the possibility of purchasing surplus generators and if the proper kind would be available. Because he felt acquisition of the emergency generators should not be delayed and because the possibility that purchase of surplus ones may not materialize, Trustee Osmon moved the Village advertise for bids for the appropriate size generators with the bid opening to be May 21, 1973 . Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None The motion carried. 41.01 Cambridge Flooding Trustee Driscoll stated that the Jackson Drive ditch should have alleviated the flooding situation on University Drive; however, the runoff created by the Tahoe Development has caused flooding on Selwyn, Downing, and University. He then requested the Village L. speak with the developer to excavate their retention lake now. Mr. Raysa stated that the court case regarding this problem will be before Judge Covelli again this week. i i u i i �I i 2749 4/23/73 President Armstrong requested Mr. Seaberg to present a drawing of a proposed swale on University to the property owners. Trustee Rathjen recommened that Mr. Seaberg prepare a confidential list of those homes most seriously effected and by a razing project develop the property in a way to be of benefit to the other property owners. Buffalo Creek A citizen advised the Board that the realignment of Buffalo Creek has caused some erosion to property owners on St. Mary ' s Parkway. Discussion took place regarding various methods to prevent erosion. The President asked Mr. Seaberg to investigate the matter . The citizen advised that the driveway of the home on the corner of Lincoln Terrace and St. Mary ' s Parkway washed away with the storm. The President requested Mr. Larson to investigate this . Public Land Donations Mr. Larson announced that Senator Fawell has introduced a bill authorizing municipalities to adopt ordinances requiring school and park donations. The bill will be before the Senate ' s Local Government Committee on Thursday at 4 : 30 P .M. , where testimony may be given on Senate Bills 223 , 224 , and 225 . Representatives of the Village, Park District, and schools have been invited to testify. Swanson Development Mr. Larson stated that he is in receipt of a check from Swanson and Associates in the amount of $9, 570, which is a 20% advance of their tap on fees. II House Bills Trustee Rathjen suggested that Board discussion should take place before sending letters to Legislators regarding bills . Questions from the Audience Campaign Signs In response to a question from Frank Clayton, President Armstrong requested all candidates to remove their campaign signs from telephone posts. Evanston Hospital Trustee Osmon noted that a branch of the Evanston Hospital has been built between Glenview and Northbrook and that they are prohibiting the practice of some doctors in the hospital . He then requested the Board to adopt a resolution requesting that they open their staff to general practitioners . Trustee Rathjen requested Trustee Osmon to compile a report on this matter. 2750 4/23/73 Meeting President Armstrong announced that the next meeting will be �--� May 7 , 1973 . There being no further business to conduct, Trustee Osmon moved the meeting adjourn. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 12 :40 A.M. Respectfully submitted, C illag e Clerk Approved this % da ; of , 1973 Vi l- •e re 'dent Li L. 1 l