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1972-09-18 - Village Board Regular Meeting - Minutes 2569 9/18/72 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, SEPTEMBER 18 , 1972 , AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE , ILLINOIS . The President called the meeting to order at approximately 8 :20 P .M. Those present stood and recited the Pledge of Allegiance to the Flag. President Armstrong asked for a motion that Mary Allsmiller be appointed Clerk Pro Tem due to the absence of Verna Clayton. Trustee Osmon so moved the motion. Trustee Shirley seconded the motion , and upon a voice vote , the motion passed unanimously. The Clerk Pro Tem called the roll and found the following present: President Armstrong; Trustees Shirley , Osmon, Mahoney, Driscoll Absent: Trustees Rathjen , Fabish Also present was Village Manager, Mr. Daniel Larson. 1. Minutes of September 5 , 1972. Trustee Osmon made a motion to accept the minutes of September 5 , 1972. Trustee Shirley seconded the motion. Trustee Mahoney asked that a correction be made on page 2557 , paragraph 5 , to read, Ray Mahoney requested a poll of the Board with regard to their feelings "at the present time" about a conflict of interest in the President 's new position with Otis and Associates . A roll call vote found the following: AYES : Trustees Shirley, Osmon , Mahoney , Driscoll NAYES : None Minutes of September 11, 1972 Trustee Shirley made a motion to accept the minutes of Se tember 11, 1972 . Trustee Mahoney seconded the motion. Trustee asked that a correction be noted on page 2567 , paragraph 4 , to read, Trustee Mahoney made a motion to "approve the expense of all board members wishing to attend the conference" . A roll call vote found the following: AYES : Trustees Shirley , Osmon , Mahoney , Driscoll NAYES : None 2. Warrant #248 Trustee Shirley read Warrant #248 , in the corrected amount of $134 ,404. 58 and moved for its approval. Trustee Osmon seconded the motion. Discussion took place regarding several items . A roll call vote found the following : AYES : Trustees Shirley , Osmon , Mahoney , Driscoll NAYES : None 2570 9/18/72 3 . Village Manager' s Report Village Manager, Daniel Larson read the summary of activities of the village for the month of August, 1972 . It was noted that there was a 10 million gallon reduction in water useage this month versus the same month of 1971. This was due to the unseasonable rain this year. Trustee Osmon noted that residents on Buffalo Grove Road were not getting their fair share of the village street sweeper. Village Manager, Daniel Larson stated this was under the jurisdiction of the Cook County Maintenance Department. 4. Committee of the Whole Village Manager, Daniel Larson reviewed increasing the Police Depart- ment strength by three (3) additional patrolmen. Trustee Mahoney made a motion to approve the increase in departmental strength by three (3) additional men. The motion was seconded by Trustee Osmon. A roll call vote found the following : AYES : Trustees Shirley , Osmon, Mahoney , Driscoll NAYES : None Land Donations President Armstrong stated he would not participate in the discussion on the Naperville Ordinance because of a possible conflict of interest. Objections were voiced from the audience regarding the President residing over the discussion. President Armstrong called a recess until Trustee Fabish was present. The meeting was reconvened at 9 :05 P .M. Trustee Fabish was present at that time. Promontory West/Public Hearing President Armstrong read the Amendment to Annexation Agreement dated November 24 , 1969 . A citizen from the audience asked that President Armstrong step down since he felt this discussion would be a conflict of interest. President Armstrong stated he would not step down and stated he felt this was not a conflict of interest. Trustee Shirley stated there was no likeness between this and the Otis agreement in that, while the school contribution was developed from a formula similar to the Naperville plan , there is no reference made to the Naperville plan in this agreement. The Otis contract does provide that : "The developer (Otis) agrees to comply notwithstanding any subsequent determination of invalidity with all the applicable provisions of any ordinance enacted by the city of Naperville and known as Ordinance #386 . 71 attached hereto 2571 9/18/72 with Exhibit D, providing for certain payments or dedications to be made by the developer in consideration of the approval of said develop- ment by the corporate authorities except that said payments or dedications shall be made by the developer upon issuance of occupancy permits for the units described in Exhibit B hereto. As soon, and in the event that the Village of Buffalo Grove shall enact an ordinance similar to that presently in effect for the City of Naperville, as developer agrees that it shall comply with the �.� standards therein set forth , in lieu of those provisions presently contained in the aforementioned City of Naperville Ordinance , provided that all future developers of projects in the Village are similarly bound. Trustee Shirley stated also that irregardless of a court judgement on the Naperville Ordinance , they must comply with the terms of that particular ordinance if that is the direction the board chooses to go. Trustee Shirley stated that is quite contrary to this particular agreement which is setting a fixed dollar amount and is pro- rating the donation without reference to the Naperville Ordinance. He also stated that a decision regarding the Chesterfield Ordinance is not going to affect the content or the eventual contribution coming from the Otis Agreement or any subsequent annexation to the Village. Trustee Shirley stated further that the Otis agreement was a recent annexation to the Village. Chesterfield was annexed 3-1/2 years ago , and has an existing agreement although they did offer at that time a small payment to the schools . Trustee Shirley stated he felt Chesterfield has come a long way to what was in their initial agreement. Trustee Shirley also stated he felt the board was not setting a precedent. Discussion followed with the citizens in the audience regarding whether or not President Armstrong should step down from the chair. Trustee Fabish asked Mr. Raysa, Village Attorney , for a ruling if there was a conflict of interest. Mr. Raysa stated there was none. President Armstrong stated a "yes" vote would be in support of his decision not to step down from the discussion . A "no" vote would mean he should step down. A poll of the board found the following : AYES : Trustees Fabish, Shirley , Osmon , Mahoney , Driscoll NAYES : None The public hearing resumed. 2572 9/18/72 Trustee Osmon asked Mr. Hillman of Chesterfield Builders if he would agree, at a future date, if it shows that there is a problem with blowing paper, that a fence be constructed between the commercial area and the residential area. Trustee Osmon asked if he would put in a fence at a future time if a problem of this type occurred if requested by the Village Health Department. Mr. Hillman stated he would. �-/ Mr. Smith, attorney representing Chesterfield Builders , noted an omission on page four of the Annexation Agreement and the following insertion was made in paragraph #1 after the word "annually" : during the remaining term of the said agreement of December 24, 1969 , on the anniversary date of this amended agreement, or until all 284 dwelling units are completed and certified for occupancy, whichever is later. Referring to paragraph #2 of page four of the Annexation Agreement, Trustee Osmon asked when the developer will pay the School District. It was decided the donation would be paid prior to the issuance of building permits . Village Manager, Daniel Larson, noted some problems going into the third or fourth year of the project regarding the census of the number of school children. Mr. Hillman stated the school district would have an actual count. A annual census will be taken and Chesterfield will be committed to that census of all the units in each phase. The contribution is based upon the number of school children attending school each year of the construction period and will be computed annually. Trustee Fabish directed a question to Mr. Hitzeman of School District #96 regarding the formula expressed in the agreement. Mr. Hitzeman stated the formula was one they had been working with. Trustee Shirley requested the names of parties to a trust owning property in the Village be submitted for the Village records. Mr. Hillman agreed to do so. Trustee Shirley asked Mr. Hillman if he were open to any further consideration in regard to the School District formula. Mr. Hillman stated he felt they had compromised considerably since last September and they have gone more than half way. There was further discussion on the School District formula. 2573 9/18/72 A citizen asked what plans Chesterfield had for water retention. Mr. Hillman stated this was a matter of engineering. He stated when they come to the Village, assuming they were approved, they must appear before the Plan Commission with a final plat of subdivision. He stated his engineers must do a complete engineering job of sanitary sewer, storm sewer, water, streets and sidewalks , etc. Those plans will then be reviewed by the Village Engineer for conformity to the Village ordinance. He stated the Village requires storm water retention and there would 1-1/2 acres of land devoted to a storm water lake or pond. That would have to be built before occupancy could be granted. A citizen in the audience asked Mr. Hillman if the Park Board was agreeable to his plan. Mr. Hillman stated he met with the park board last week, and that they would not present a report to the Village Board tonight. He also stated Mr. Kiddie will not approve or disapprove. Mr. Lewis , of the Park District Board in the audience, stated they would attend the Plan Commission meeting and Board meeting when the final plans are presented and then discuss what park recreation facilities could be worked out. A concerned citizen asked if there was anything in the contract to stop construction trucks on the newly paved Arlington Heights Road. Village Manager, Daniel Larson, stated that a construction route will be set up for this project and other projects along Arlington Heights Road using Lake-Cook Road. Lengthy discussion followed on the water retention and building codes. Village Manager, Daniel Larson , reviewed the following items with Mr. Hillman: 1. Agreement to a declaration of restricted covenants which would be recorded against all the individual properties which would bind the owners for the maintenance and repair of the common areas . The Village would be given the authority , after proper notice, to enter onto the property and cause the common areas to be repaired and/or maintained and assess this expense to the Association as a lien against theerty. Mr. Marlin,, attorney representing Chesterfield, stated that the declarations of covenants are required by FHA in order to qualify the housing for federal insurance by home buyers . Mr. Hillman stated he was agreeable to this covenant. 2. The Village would like to have the right to enter onto your property to enforce our codes and ordinances , particularly vehicle licenses and traffic codes . This would be part of the covenant. 2574 9/18/72 Mr. Smith stated they use a contract between the developer and the Homeowner Association in which the police be given the right to come in and enforce the traffic codes and vehicle licensing ordinances . Mr. Hillman was agreeable. 3 . All streets , private and public, be built according to Village standards and specifications . Mr. Hillman stated that was agreeable. Mr. Rex Lewis of the Park District asked that the agreement include on page 3 , item (k) : The Developer agrees to cooperate with the Buffalo Grove Park District in the "reasonable part-time" use of club house facilities on the subject property for organized Park District programs . Discussion followed regarding the water tap-on fee which was not covered in the Annexation Agreement. Mr. Hillman stated he would comply with the water tap-on ordinance. A short recess was called to clarify if State Law requires a 2/3 vote. The meeting was reconvened. A clarification of the vote on the Chesterfield Annexation Agreement showed a 2/3 vote of the corporate authorities in office, which means in this case, it will take five (5) "yes" votes to pass it, and President Armstrong would be included in the vote . Trustee Mahoney moved to authorize the Village President to execute this agreement as submitted, subject to all changes to which the developer agreed on the record, including , but not necessarily limited to, the following specific modifications : 1. The Village would have the right to enter onto the property for purposes of maintenance in the event that the property owners association fails properly to maintain same . 2. The Village has the right to enforce all Village ordinances , including but not limited to traffic ordinances on the private property of the development. 3. All streets , curbs and gutters be built to Village specifications . 4. The developer will abide by the current Tap-On Fee Ordinance , fee schedule and storm water detention requirements. Trustee Osmon seconded the motion and asked that point #2 be amended to read: The Village has the right to enforce all Village ordinances and "codes" including, but not limited to traffic ordinances on the on the private property of the development. 2575 9/18/72 Trustee Shirley made the following stipulation : With regard to the donations for the school district and park district included herein, the donations included herein are being accepted in lieu of any existing ordinances in this regard at the present time. A roll call vote found the following : AYES : President Armstrong; Trustees Fabish, Osmon , Mahoney, Driscoll NAYES : Trustee Shirley The motion carried. President Armstrong directed the Village Attorney, Mr. Raysa, to prepare the final agreement. Trustee Shirley stated that due to the lateness of the hour, the Naperville Ordinance discussion should be deferred and rescheduled at a date not to exceed 30 days from this date. It was also noted by Trustee Shirley that an alternative plan had been offered over the weekend, which may need some consideration as well. Trustee Fabish made a motion to table the Naperville discussion until October 2 , 1972 . Trustee Osmon seconded the motion, and upon a voice vote, the motion passed unanimously . Trustee Osmon urged as many as could attend the meeting Tuesday, September 19 , regarding the boundary lines for the new Buffalo Grove High School. 5. Questions from the Audience A citizen asked what progress is being made on the televising of the sanitary system. Village Manager, Daniel Larson, stated that televising had begun this morning. It was noted that televising was done of the sanitary sewer pipe under the Buffalo Creek and down to St. Mary ' s . Mr. Larson stated no sizeable gaps in the pipe were noted so far. All citizens interested could get in touch with Mr. Bill Davis of Public Works and view the televising. A citizen also asked when the illegal sump pump connections were going to be ticketed. Village Manager, Daniel Larson, stated homeowners were given 30 days to correct illegal sump pumps . The illegal connection was checked again and if they had not been corrected, they were given another 15 days , after which they will be fined and brought into court. 2576 9/18/72 A citizen asked if any money had been found for the completion of the 900 feet of Arlington Heights Road. Trustee Shirley stated he has looked into it some , but stated he hasn' t come up with the money so far. He stated he would speak with Mr. Collins , the Village Treasurer, and Mr. Larson the following week. A citizen asked President Armstrong to clarify under what circumstances he would resign. President Armstrong stated he would resign when he felt his position would not enable him to fulfill his office. He stated if a conflict of interest existed where he could not do his job , he would resign within 24 hours . A citizen asked if the feelings of the citizens are such, as to want Mr. Armstrong to resign, would he do so. President Armstrong if it is the legitimate feeling of the majority of the Village, he would resign. A citizen asked if he would go along with a petition against him. President Armstrong stated he would have to look at it and weigh it. He stated he would rather doubt it at this particular time. He stated he would consider it if he could not do the job he was elected to do. There being no further questions from the audience , a motion was made by Trustee Shirley to adjourn. Trustee Osmon seconded the motion, and upon a voice vote , the motion passed unanimously . Time : 11 :50 P.M. Respectfully submitted, Jerk o Tem Approval aJ . _y a' � , 1972 r h tere= V 11.g1 P ,=sident ti�