1972-10-02 - Village Board Regular Meeting - Minutes 2577
10/2/72
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, OCTOBER 2 , 1972 , AT THE MUNICIPAL BUILDING, 50 RAUPP
BLVD. , BUFFALO GROVE , ILLINOIS.
The President called the meeting to order at approximately 8 : 15 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 September 18 , 1972
Trustee Mahoney moved the minutes of September 18 , 1972 , be approved
as submitted. Trustee Osmon seconded the motion. Trustee Mahoney
stated that on page 2569 , under Minutes of September 11 , line 2 ,
Trustee Mahoney should be changed to Trustee Shirley as the one
asking for the correction. He further stated that on page 2573 ,
paragraph 10 , line one , the attorney 's name is Mr. Marlin Smith.
A roll call vote found the following:
AYES : Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney , Driscoll
NAYES : None
The motion carried with changes noted.
2 . Warrant #249
Trustee Shirley read Warrant #249 , in the amount of $48 ,602. 71. He
then moved bids be waived on the purchase of the new generator for
the Municipal Building. Trustee Fabish seconded the motion, and
a voice vote found the following:
AYES : Trustees Fabish, Shirley , Rathjen , Mahoney, Driscoll
NAYES : None
ABSTAIN: Trustee Osmon
The motion carried.
Trustee Shirley moved Warrant #249 of October 2 , 1972 , be approved
as corrected and submitted. Trustee Mahoney seconded the motion.
Various items were discussed with no changes being made. A roll
call vote found the following :
AYES : Trustees Fabish , Shirley, Osmon, Rathjen, Mahoney , Driscoll
NAYES : None
The motion carried.
Change made 10-9-72 - The reason for Trustee Osmon 's abstention is that
he obtained the people from Whom the Village purchased the enerator,
h q �
and he. does. not want a possible conflict of interest.
2578
10/2/72
Trustee Shirley moved the Board authorize payment of $50 .00 to
Mr. Theodore S. Uskali , Sr. , 4 Oak Creek Drive, Apartment 2505 ,
Buffalo Grove , Illinois for the Art Award given during Buffalo
Grove Days. Trustee Driscoll seconded the motion, and upon a voice
vote , the motion passed unanimously.
3. Committee of the Whole
Resolution #0-72-30
President Armstrong read Resolution #0-72-30 , a resolution regarding
the issuance of Building Permits so as to assure that all new
developments recognize and plan around flood hazards. Trustee Osmon
moved Resolution #0-72-30 be approved as read. Trustee Fabish
seconded the motion and requested provision for retention be
included. Lengthy discussion followed. Trustee Osmon amended the
motion to include the following addition on page 2 , Section 4 a. :
"and in accordance with current Village Ordinances on flood control
as modified in the future. "
Ray Mahoney of the Concerned Citizens of Buffalo Grove stated that
they are now a formally organized non-partisan organization and
that they wish to state that they feel the Village President's
dual role as President of the Village and Marketing Director for
Otis presents a clear conflict of interest, and requested him to
resign as Village President
A roll call vote found the following :
AYES : Trustees Fabish, Shirley , Osmon, Rathjen , Mahoney, Driscoll
NAYES : None
The motion carried.
Resolution #0-72-31
President Armstrong read Resolution #0-72-31 , a resolution regarding
the land use and land management of flood plain areas . Trustee
Osmon moved Resolution #0-72-31 be adopted as read. Trustee Fabish
seconded the motion. The motion was amended and seconded to add
in the first paragraph , third line , after "Creek" , "Watershed and
McDonald Creek Watershed" . A roll call found the following:
AYES : Trustees Fabish, Shirley , Osmon , Rathjen , Mahoney , Driscoll
NAYES : None
The motion carried.
Mr. Larson stated that with the adoption of these resolutions , the
Village will now provide a map of the community identifying the
corporate limits and the flood plain areas of the Village and
recognize a local repository where flood insurance and flood hazard
maps will be made available for public inspection. This will be
submitted to the HUD office for review.
2579
10/2/72
Urban Welter, Richard Glauner and Oscar Weidner Property
President Armstrong read a letter from Mr. Beaubien, attorney
representing Urban Welter, Richard Glauner and Oscar Weidner, which
requested annexation and zoning of their property. Trustee Osmon
moved the Board refer this matter to the Plan Commission for review
and establishment of a Public Hearing date. Trustee Fabish seconded
the motion, and upon a voice vote, the motion passed unanimously.
School and Park Donations
Steward Strizak and William Frances of the Concerned Citizens of
Buffalo Grove objected to the President's chairing the discussion
on theipcoming ordinance regarding school and park donations. The
objections were registered because they felt there was a violation
of parliamentary procedure , under which by Ordinance, the meetings
are to be held.
President Armstrong stated that he would not participate in the
discussion, but would conduct the meeting impartially.
Charles Andy asked the President to relinquish the Chair because
this opens the Board to criticism and is a violation of parliamentary
procedure.
In response to a question from Mr. Strizak, Mr. Raysa stated that
neither the State Statutes nor Ordinances require the Board to follow
Robert's Rules of Order.
Mr. Larson stated that he had met with Harold Banser of School
District #125 , William Hitzeman of School District #96 , and
Mike Di Vincenzo of School District #102 and that a formula had
been developed to equalize contributions between developments in
relation to the number of children and their cost of education.
Trustee Mahoney read a communication from Mr. Larson to the Board
outlining this formula (Document #72-11) .
Mr. Banser explained that this alternate formula takes into
consideration cost of education in contrast with land and building.
He further explained that until a new development goes on the tax
roles , which varies between 18 to 30 months , the School District
could go bankrupt. Mr. Hitzeman stated that their attorney felt
this was a viable program. A lengthy discussion followed regarding
the two formulas under consideration and the legality of a School
and Park Donation Ordinance.
10 :05 P .M. The President declared a recess .
10 :20 P .M. The meeting resumed.
Mr. Hitzeman stated that developers are willing to pay for water and
sewer and hoped that they would be willing to pay for the service of
schools . He then cited two recent court decisions in New York
which ruled in favor of public land donations .
2580
10/2/72
Mr. Raysa doubted if it would be held valid to enforce this type
of Ordinance on property already in the Village, but could be enforced
in new annexations .
James Duncan of the District #96 School Board stated that their
Board is working with all Villages in their District to adopt an
ordinance similar to the one under discussion. He noted that a
fourth school will be needed soon, and that the District #96 needs
relief.
William Kiddie of the Buffalo Grove Park District spoke in favor of
the Board's adoption of a public land donation ordinance.
Frank Clayton of the District #96 School Board noted that the
District is considering purchase of land and will be applying the
formula in the proposed ordinance in determining the size of sites.
A lengthy discussion followed regarding various aspects of tax
relief.
At the request of Trustee Mahoney, a poll of the Board was taken
regarding the method favored for public land donation. The Trustees
unanimously favored the Naperville Ordinance approach.
Trustee Shirley moved the Board accept the recommended criteria for
school site sizes as in the recommended ordinance on the basis of the
professional backing given to them. There was no second to the
motion.
With regard to size of school sites , Trustee Mahoney moved the Board
use the following formula:
600 capacity (K-5) - 8 acres
900 capacity (6-8) - 15 acres
2300 capacity (9-12) - 40 acres
Trustee Fabish seconded the motion and asked if acreage would be
added for a park site . The answer was yes . Lengthy discussion
followed. A roll call vote found the following :
AYES : Trustees Rathjen, Mahoney , Driscoll
NAYES : Trustee Fabish , Shirley , Osmon
The President, having declared himself impartial , did not cast a tie-
breaking vote.
Trustee Mahoney moved $25 ,000 per acre be set as the value of land.
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.
2581
10/2/72
Trustee Mahoney moved the ordinance include 5 . 5 acres per thousand
people for parks and directed Mr. Raysa and Mr. Sullivan, attorney
for the Park District, to determine the appropriate language.
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.
Because of the lateness of the hour, Trustee Shirley moved discussion
on this matter be tabled until next week. Trustee Driscoll seconded
the motion, and upon a voice vote, the motion passed unanimously.
4. Questions from the Audience
Charles Andy asked the Board to seriously consider the effect the
large amount of proposed multi-family will have on the Village .
There being no further questions from the audience, Trustee Osmon
moved the meeting adjourn. Trustee Driscoll seconded the motion,
and upon a voice vote , the motion passed unanimously.
Time : 1 :05 A.M.
Respectfully submitted,
Village Clerk
Approved tl / ,_dap) of (r , 1972.
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Vi lage' Fires • ent