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1972-10-16 - Village Board Regular Meeting - Minutes 2587 10/16/72 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 16, 1972, AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD., BUFFALO GROVE, ILLINOIS . The President called the meeting to order at approximately 8 :15 l P.M. Those present stood and recited the Pledge of Allegiance i to the Flag. The Clerk called the roll and found the following present: President Armstrong; Trustees Fabish, Shirley, Osmon, Rathjen and Mahoney. Absent : Trustee Driscoll Also present were Mr. Daniel Larson, Village Manager, Mr. Arnold Seaberg, Village Engineer and Mr. Richard Raysa, Village Attorney. 1. Warrant #250 Trustee Shirley read Warrant #250 and moved for its approval in the amount of $41, 338.06. Trustee Fabish seconded the motion. Discussion took place regarding various items. Trustee Osmon requested travel expenses for Frank Harth under "Police" be stricken and that Mr. Larson check into this item. Trustee Shirley changed the warrant as follows : Police - $1, 454.19, General Fund Total - $41, 175.70, and Grand Total - $225, 163.11. A roll call vote found the following : AYES : Trustees Fabish, Shirley, Osmon, Rathjen and Mahoney NAYES : None ABSENT Trustee Driscoll The motion carried as corrected. 2. Minutes of October 9, 1972 Trustee Osmon moved the minutes of October 9, 1972, be approved as submitted. Trustee Fabish seconded the motion. Trustee Osmon stated that on page 2582, under "Minutes of October 2, 1972 ", his abstention was on the insertion of the gas generator on Warrant #249. Trustee Mahoney stated that on page 2584, under "1972 Tree Program", the following insertion should be made in paragraph 2 : 2588 10/16/72 "Mr. Davis said there were about 35 days left within which time the trees could still be planted. " A roll call vote found the following : AYES : Trustees Fabish, Osmon, Rathjen and Mahoney NAYES : None ABSTAIN: Trustee Shirley ABSENT : Trustee Driscoll The motion carried as corrected. 3. Village Manager 's Report Mr. Larson reviewed the Summary of Administrative Activities for the month of September, 1972 . In response to a question from Trustee Rathjen, Mr. Larson stated that Well # 3 is pumping 910 gallons per minute and that the cost was less than expected. Trustee Shirley requested the Summary of Administrative Activities to also show "last fiscal year to date ". Mr. Larson said that he would make an additional column with this information on future reports. 4. Standing Committee Reports There were no committee reports. 5. Committee of the Whole Sanitary Sewer/Televising In response to a question from Trustee Osmon, Mr. Larson reviewed with the Board the status of the sanitary sewer televising and grouting. He stated that the project is one week behind schedule because much debris was found in the sewer and had to be removed; that 40% of the joints had to be sealed and grouted; that the rains made it impossible to put the camera through the mains ; and that a root killing treatment is being used. Brain Research Week At the request of the Buffalo Grove Junior Woman ' s Club, President Armstrong declared October 15 through 21 Brain Research Week in Buffalo Grove. Mrs. Janet Barnes of the Club thanked the President and announced that they would be selling tootsie roll banks as a i 2589 10/16/72 fund raising project for Brain Research. Mill Creek School In response to a question from Trustee Fabish, Mr. Larson stated that Miller Builders and School District 21 will begin removing the dirt from the Mill Creek school site tomorrow morning. Trustee Fabish stated that if Miller Builders is not there, a stop work order on their project should be considered. Being in agreement with Trustee Fabish, Trustee Shirley moved the President and Village Manager be directed to inform Miller Builders tomorrow that the Board is going to issue stop work orders until such time as they meet their commitment to remove the dirt. Trustee Osmon seconded the motion. After discussion, Trustee Shirley amended his motion to inform Miller Builders tomorrow that if the dirt is not removed fully and completely by Friday night, the Village will issue a stop work order on the entire project until such time as it is done. Trustee Osmon seconded the motion. In response to a question from Trustee Rathjen, Mr. Raysa stated that since the property belongs to the School District, action should be taken by them; however, he suggested the work be done and charged back to Miller Builders. At the request of Trustee Mahoney, Trustee Shirley amended his motion to express the sense of the Board to the Village Manager that if Miller Builders is not there tomorrow removing dirt, that the Board instruct him to confer with the Village Attorney and take whatever steps are lawful that are at our disposition to compel them to do it, with proper notice being served. Trustee Osmon seconded the motion, and upon a voice vote, found the following: AYES : Trustees Fabish, Shirley, Osmon, Rathjen and Mahoney. NAYES : None ABSENT : Trustee Driscoll The motion carried. Fence Variation After review, Trustee Mahoney moved the Board approve the request of Jeffrey Kohlberg, 6 Amherst Court, for a six foot fence variation. Trustee Fabish seconded the motion, and a voice vote found the following : 2590 10/16/72 AYES : Trustees Fabish, Shirley, Osmon, Rathjen and Mahoney NAYES : None ABSENT : Trustee Driscoll The motion carried. Zoning Board of Appeals/Appointment At the request of George Van Hoorebeke, his appointment to the Zoning Board of Appeals was deferred until next week when he can be present. Concerned Citizens Mr. Algimantis Kezelis presented to the President, petitions bearing 2, 101 signatures, which requested the President to resign his position as President because of a possible conflict of interest created by his position as Director of Marketing with Otis and Associates. President Armstrong stated that he would reply to the petitions at the next Board meeting. Wheeling Public Library District At the request of Mrs. Joyce Finnegan, presentation of plans for a referendum for expanding the Library District was deferred until next week. Parkway Trees Upon the recommendation of William Davis, Director of Public Works, Trustee Osmon moved the Board authorize the purchase of thirty nine additional trees from Rolling Hills Nursery in the amount of $45 each for a total price of $1, 755. Trustee Fabish seconded the motion, and a voice vote found the following: AYES : Trustees Fabish, Osmon, Rathjen and Mahoney NAPES : None ABSTAIN: Trustee Shirley ABSENT: Trustee Driscoll The motion carried. Well Number 1 Mr. Larson reviewed with the Board the necessity of improving Well Number 1 and doubling its capacity. Trustee Fabish questioned the economics of lowering the pump every six years 1 2591 10/16/72 rather than lowering it the full 1200 feet originally. Mr. Larson stated that he would submit a breakdown of costs. Trustee Shirley moved discussion of this matter be tabled awaiting further information. Trustee Fabish seconded the motion, and upon a voice vote , the motion passed unanimously. Plan Commission President Armstrong stated that the Plan Commission recommends a reduction in size of the Commission from eleven to nine. Mr. Burton Harris spoke in favor of this recommendation, stating that most of the major items coming before the Commission have been taken care of and that a working group of nine would be more efficient. Carl Genrich spoke against the recommendation, stating that there is a heavy work load, that committees have been appointed to work with developers , that the Commission needs new blood, that working on the Commission is a way in which citizens may become involved in Village government. It was the feeling of the Board that the Commission should remain at eleven. President Armstrong stated that appointments will be made next week. 9 : 35 P.M. - The President declared a recess . 9 : 55 P .M. - The meeting resumed. School and Park District Donations Mr. Larson stated that several weeks ago the Board resolved the land value to be placed in the document being considered at $25 , 000 per acre and the formula in the draft was acceptable by the Park District and Board. Other items to be resolved are if the form should be resolution or ordinance; if the ordinance be applicable to all vacant property in the Village as well as properties being annexed into the Village; if cash donations should be held in escrow; and who absorbs the cost of legal expenses in defending the resolution adopted by the Board. Mr. Larson further stated that the Naperville Ordinance has been taken out of the Appellate Court and presented before the Illinois State Supreme Court and that a decision is forth- coming within the next several months . He stated that the Attorney questioned the Village' s authority to require donations for property already within the Village, but that donations can be required as part of an annexation agreement. William Kiddie of the Buffalo Grove Park District stated that the Park District accepts the 5 . 5 acre per 1, 000 population formula. 2592 10/16/72 In response to a question from Trustee Osmon, William Hitzeman of School District 96 stated that size of schools is determined by the Life Safety Code as published by the Office of the State Superintendent of Public Instruction and en- dorced by the State Legislature. Trustee Shirley stated that he relies upon the School Board for their supported expert advice as to what is needed for a school site, and moved the Board adopt the site size rec- ommendations as presented on page 6 of the proposed ordinance , namely : Elementary Schools (K-5) 600 Students 11 acres Junior High Schools (6-8) 900 Students 19 acres High Schools (9-12) 2300 Students 48 acres Trustee Fabish seconded the motion. Trustee Mahoney stated that he previously had suggested a reduced acreage of school sites because District 21 has smaller sites and that un- necessary costs should not be imposed upon people moving into the Village. He further stated that the Village Treasurer, Robert Collins, prepared a schedule showing the highest extra expense that will be put on a home if the recommended formula is followed will add $233 to a four bedroom single family home and down to nothing on an efficiency apartment. Because he felt a consistent figure should be agreed upon , he stated that he would reluctantly support the recommended formula if necessary. A roll call vote found the following: AYES : Trustees Fabish, Shirley NAYES : Trustees Osmon , Rathjen , Mahoney ABSENT: Trustee Driscoll The motion failed. President Armstrong stated that both formulas will be considered at the time the final draft is voted upon. With reference to the question of legal assistance , it was decided that if the Village is sued, the Village will cooperate in every respect with the School District and Park District, but the responsibility of defense rests with them. With reference to the question of form, Mr. Raysa stated that a Resolution is policy and an Ordinance is law. Trustee Mahoney suggested a resolution because the Village would be less vulnerable to a law suit, but would provide the Board with a tool to deal with developers consistently. A lengthy discussion took place regarding the possibility of adopting a resolution now and consider an ordinance after a decision on the Naper- ville Ordinance is handed down by the Court. 2593 10/16/72 Trustee Mahoney moved the "Naperville Ordinance" be put in the form of a resolution , that resolution to embody the same terms essentially as the ordinance itself and that the reso- lution indicate that we will adhere to its criteria in all of our negotiations with all developers outside the Village seeking to annex. Trustee Osmon seconded the motion. Trustee Shirley questioned "developers outside the Village seeking to annex" . Trustee Mahoney agreed to strike that portion of the motion. Trustee Mahoney requested Mr. Larson to check with Otis and Associates regarding their agreeing to pay on the basis of a resolution. A roll call vote found the following: AYES : Trustees Fabish , Shirley , Osmon, Rathjen, Mahoney NAYES : None ABSENT: Trustee Driscoll The motion carried. Mr. Larson stated that since the Board decided to use the resolution form, the escrow account will not be necessary. After discussion, it was decided that a formula similar to that in the amendment to the Chesterfield pre-annexation agreement be adopted so as to provide for a better calculation of the student and adult population in each residential development. William Kiddie stated that the Park District requests that in Section A-2 , the location of the five acre Park-School sites be so written as to stress the "central location" and its "close proximity" to the school rather than the actual "ad- joining" of all elementary school sites . He further stated they request the basic principles of Sections C, E , F, G, and H to be included in the final document. Trustee Shirley stated that there have been no recommended changes on these points . Trustee Shirley moved the Board direct the attorney to prepare a resolution that will conform with the "Naperville Ordinance" with the various changes that have been agreed upon and leaving the alternative in school site sizes available in the final discussion, reading , and passage of the resolution. Trustee Fabish seconded the motion , and upon a voice vote, the motion passed unanimously. Questions Mr. Larson stated that because October 23 is a legal holiday, the next Board meeting will be held Tuesday , October 24. Trustee Fabish moved the Board move into executive session to discuss personnel after questions from the audience. Trustee Osmon seconded the motion, and upon a voice vote , the motion passed unanimously. 2594 10/16/72 In response to a question from Trustee Mahoney , Mr. Larson stated that the recommendation from the COG regarding MATS and CMATS will be on the next agenda. In response to a question from Trustee Mahoney , President Armstrong stated that there will be a meeting of the Soil and Water Conservation District with Wheeling on October 21. Trustee Mahoney requested Mr. Larson to explore the possibility of a stop sign at Harvard and University in order to reduce the speed along University Drive. He further re- quested the Police to patrol the area. In response to a question from Trustee Fabish , Mr. Larson stated that depending on the length of the agenda, the Concrete Ordinance will be heard next week. In response to a question from Burton Harris , Mr. Raysa stated that the Corporate Authorities must hold a hearing on pre-annexation agreements . Fred Hillman of Chesterfield Builders noted that the Naper- ville Ordinance will cost a potential homeowner $15 per month for the life of their mortgage. President Armstrong stated that no further business will be discussed after the executive session. The Board moved into executive session. Time : 11: 20 P.M. Respectfully submitted, Village Clerk Approved this day of C/ , 1972 . 771 / / V la e Preside t