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1971-05-03 - Village Board Regular Meeting - Minutes 2237 5/3/71 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, ILLINOIS, HELD MONDAY, MAY 3 , 1971 AT THE MUNICIPAL BUILDING , 50 RAUPP BLVD . , BUFFALO GROVE, ILLINOIS . President Armstrong called the meeting to order at approximately 8 : 00 P .M. Those present stood and recited the Pledge of Allegiance to the Flag . The Clerk called the roll and the following were found present : President Armstrong ; Trustees Fabish , Shirley, Osmon, Rathjen, Vogt Absent : None Also present were Mr. Roland Brandon of Hattis Associates , Village Engineers , and Mr . Richard Raysa, Village Attorney. 1 . Minutes of April 26 , 1971 Trustee Fabish moved the minutes of April 26 , 1971 be approved as submitted. Trustee Osmon seconded the motion and upon roll call vote the motion carried unanimously. 2 . General Warrant #215 Trustee Fabish moved that Warrant #215 be approved as submitted. Trustee Rathjen seconded the motion. Trustee Vogt requested that in the future this be a more descriptive document . President Armstrong stated that this was done in the past and that it became a voluminous document and that all back-up documents are available in the office to be inspected prior to the meeting . Trustee Fabish stated that the payrolls of the various departments are not itemized. Trustee Shirley stated that in the future major items will be itemized and that he would duplicate the summary sheets and attach to warrants . Upon roll call vote the motion was carried unanimously. 3 . Waterworks Warrant #91 Trustee Fabish moved that Warrant #91 be approved as read. Trustee Osmon seconded the motion. Trustee Fabish questioned the item "Contractural Service" . Trustee Shirley stated that this was approved by Roland Brandon. Mr . Brandon explained the work involved. Upon roll call vote the motion carried unanimously. 2238 5/1/71 President Armstrong stated that Plan Commission Report (Document #71-22) had been submitted . It requests that the Commission of Wallace E . Berth , which expired April 20 , 1971 , be renewed for one more year, and that Merrill Hoyt be appointed permanent Chairman. He stated that this will (- be handled under new business . President Armstrong asked if there were any other committee reports . There were none . 4 . Appointment of Treasurer President Armstrong stated that he had an excellent man for this position, but that he is employed by the Federal Government and has to get special dispensation. Trustee Shirley asked if the appointment could be made subject to needed approval . President Armstrong stated that the appointment could wait until the gentleman had his approval . Trustee Fabish stated the resolutions should wait until the appointment of the new Treasurer . Trustee Vogt asked Mr. Raysa if a government employee can be the Treasurer. Mr . Raysa stated that if he has approval , there should be no problem. Trustee Fabish stated that the Warrants approved tonight could not be paid without a Treasurer . Trustee Shirley stated this may hold up some employee checks . Mr. Raysa suggested that the previous Treasurer sign. Trustee Fabish suggested for the time being the present Treasurer be kept on. President Armstrong asked Mr. Raysa if there were provisions made for this . Mr. Raysa stated that the appointment of a Treasurer should be immediate because he has possession of funds . President Armstrong said we are assuming the present Treasurer will do this . Mr . Raysa stated that Nancy Lindholm is considered to be Treasurer until such time as a new Treasurer is appointed. It was decided to read the bank resolutions reading in the name of Nancy Lindholm as Treasurer . 5 . Resolution #0-71-11 President Armstrong read Resolution #0-71-11 . Trustee Shirley moved that this be adopted as read. Trustee Osmon seconded the motion. Trustee Osmon seconded the motion. Trustee Shirley explained that this account was established for the bondholders . Upon roll call vote the motion carried unanimously . 6 . Resolution #0-71-12 President Armstrong read Resolution #0-71-12 . Trustee Fabish moved that this resolution be approved as read. Trustee Shirley seconded the motion. Upon roll call vote the motion carried unanimously. 2239 5/3/71 7 . Resolution #0-71-13 President Armstrong read Resolution #0-71-13 . Trustee Shirley moved that this resolution be adopted as read. Trustee Rathjen seconded. Upon roll call vote the motion carried unanimously. 8 . Resolution #0-71-14 Trustee Shirley read Resolution #0-71-14 . Trustee Osmon moved that this Resolution be approved as read. Trustee Fabish seconded the motion. Upon roll call vote the motion carried unanimously. 9 . Resolution #0-71-15 Trustee Shirley read Resolution #0- 71-15 . Trustee Rathjen moved that this Resolution be adopted as read. Trustee Osmon seconded the motion. Upon roll call vote the motion carried unanimously . 10 . Resolution #0- 71-16 Trustee Osmon read Resolution #0-71-16 and moved that this Resolution be approved as read. Trustee Vogt seconded the motion. Upon roll call vote the motion carried unanimously. President Armstrong stated that when a new Treasurer is appointed, the resolutions will have to be read again . 11 . Resolution #0-71-17 Trustee Rathjen moved that Resolution #0-71-17 be adopted. Trustee Osmon seconded the motion. Upon roll call vote the motion carried unanimously. 12 . Ordinance #71-09/Fence Ordinance President Armstrong read Ordinance #71-09 . President Armstrong stated that the Plan Commission has heard these variation requests and had not published them heretofore , and asked Mr. Raysa if it is necessary to publish these hearings . Mr. Raysa stated that in his opinion, publication of these hearings is important legally. President Armstrong stated that this would involve more expense and time . Mr . Raysa stated that this was the reason for including a service charge . President Armstrong asked Mr. Hoyt of the Plan Commission how this was handled in the past . Mr . Hoyt stated that approximately 20 notices had been distributed in the concerned neighborhood . 2240 5/3/71 Mr . Raysa stated that if one way over the other was to be chosen, he preferred publication because it protects us legally. Trustee Fabish stated that the way this section is written covers both plans . President Armstrong stated that a fee must be affixed and the Board should consider one that would cover the cost of publication. After some discussion, President Armstrong suggested that the fee be set at $10 . 00 . Trustee Fabish moved that Ordinance #71-09 be approved as read. Trustee Osmon seconded the motion. Trustee Osmon stated that the words "within the Village" should be inserted after the words "newspaper of general circulation" in Section 6 . Trustee Fabish questioned Section 4 on the ornamental fences and asked if it meant that it was left to the discretion of the Building Commissioner. President Armstrong stated that was correct . Trustee Fabish stated that he felt that in the last sentence of Section 5 , the word "police" should be struck because it is a Building Department function, not a Police function . Trustee Vogt asked what is normally done on this kind of an ordinance . Mr . Raysa replied that both departments had been involved in previous ordinances . Trustee Vogt stated that it should be consistent . President Armstrong stated he saw nothing wrong with leaving it in and exercising discretion at the time it need be used. Trustee Vogt questioned the makeup of the Zoning Board of Appeals . President Armstrong stated that it is a Board in effect now and convenes only when necessary. President Armstrong stated that he is forming a study group to discuss with the Plan Commission and the Zoning Board of Appeals , review responsibilities and then redistribute the responsibilities . Trustee Osmon asked Mr. Raysa if the Zoning Board of Appeals is a legal body. Mr . Raysa stated that it is . Trustee Shirley asked Mr . Hoyt of the Plan Commission if he had reviewed this Ordinance in view of the fact that the Plan Commission has handled a number of these variations in the past year . Mr . Hoyt stated that he had, and was pleased that this responsibility will now belong to the Zoning Board of Appeals . Trustee Rathjen requested that the motion be amended to read in Section 6 "service charge of $10 . 00" and insert the words "within the Village" after "general circulation" . Trustee Fabish stated that he was the originator of the motion and would so amend. Trustee Osmon seconded and upon roll call vote the motion carried unanimously. 13. Ordinance #71-10/An Ordinance Amending Ordinance #68-49 (Vehicle Ordinance) Trustee Rathjen read Ordinance #71-10 (an Ordinance amending Ordinance #68-49 Vehicle Ordinance) . Trustee Shirley moved that Ordinance #71-10 be adopted as read. President Armstrong asked Mr . Raysa if it is legal for our police to enforce this in parking lots around multi-family dwellings . Mr . Raysa stated that in our Planned Unit Development Ordinance , it is stated that we have the right to enforce all of our Ordinances on those properties . Trustee Shirley asked it 2241 5/3/71 this would apply to a private driveway . Mr . Raysa stated that this can be enforced if people are visibly breaking the law. Upon roll call vote the motion carried unanimously. 14 . Proposed Referendum/High School District #214 President Armstrong introduced Mr . Jerry Brown who was in attendance to make a presentation on the Referendum that High School District #214 will be conducting on May 15 , 1971 . Mr. Brown introduced Mr . Tom Shirley and Mr. Dwight Hall , who , in turn, requested the Board to pass a resolution favoring the referendum on their eighth high school . It was stated that the referendum is being presented to the voters for approval for the sale of $10 , 500 ,000 in building bonds to construct a high school to accomodate 2 , 500 students , located on a site at the corner of Arlington Heights and Dundee Roads in Buffalo Grove . Students who will attend the school presently reside in the Hersey and Wheeling High School attendance areas . Since the enrollment at both Hersey and Wheeling will exceed capacity by 800 - 900 students by 1973 , there is a definite need for this facility. The land for this school was purchased in 1962 at SA500 . 00 per acre , and today would cost approximately $32 ,000 . 00 . The tax increase to retire the bonds will be approximately . 03 per $100 assessed valuation to a taxpayer with a home having a market value of $30 ,000 , about a $4 . 50 increase per year . The gentlemen displayed a chart showing that projections as early as 1955 and as late as 1971 have indicated the need for this school . Without the school , the Board of Education will need to redistribute the excess enrollment throughout the district to those schools least crowded. President Armstrong asked where the citizens of Buffalo Grove will vote and the hours for voting . Mr . Hall stated that the hours are 11 : 00 A.M. until 7 : 00 P .M. on May 15 . Trustee Fabish stated that residents north of Dundee Road will vote at Alcott School and residents south of Dundee Road at Jack London. President Armstrong asked if all students in Cook County, Buffalo Grove will attend this school . Mr . Shirley stated that the boundaries will not be set until completion of the school . Trustee Vogt stated that it would benefit the community if all Buffalo Grove (Cook County) students would attend. Trustee Fabish stated that he hoped the referendum was successful , and further hoped that water retention will be considered on this site . Mr. Hopkins from the audience asked if this facility will be approximately the size of Wheeling High School . Mr . Tom Shirley stated it would be . Mr . Hopkins further asked the cost of Wheeling High School . Mr. Shirley stated that the cost was four and one-half million dollars . Trustee Osmon asked if there were any preliminary drawings for this building . Mr . Shirley stated there were no sketches , but it would be similar to the Rolling Meadows High School . 2242 5/3/71 Trustee Osmon asked if it would be a single story building . Mr. Shirley advised that it would not be . Trustee Shirley asked if the name of the school had been decided. Mr . Shirley stated that he would not suggest a name . Trustee Fabish stated that the longer the building is delayed, the higher the cost . Mr. Hall stated that $10 , 500 ,000 is the equipped cost . Trustee Vogt asked if a swimming pool is included. President Armstrong stated that Mr. Kiddie of the Park District may wish to comment . Mr. Kiddie stated that if the Park District referendum passes , they would like to place a pool on that site . President Armstrong supports he su orts the referendum and would strongly urge the citizens to support it . He further stated that he hoped the entire city limits of Buffalo Grove (Cook County) will be within the boundaries of this school . President Armstrong read Resolution #0-71-18 . Trustee Vogt moved that this resolution be adopted as read. Trustee Fabish seconded the motion. Upon roll call vote the motion carried unanimously. 10 : 00 P .M. President Armstrong declared a recess . 10 : 10 P .M. The meeting was reconvened. 15 . Plan Commission Report President Armstrong stated that the Plan Commission has re- affirmed their recommendation that the Board appoint Merrill Hoyt as permanent Chairman. Trustee Fabish moved that Merrill Hoyt be appointed Chairman of the Plan Commission. Trustee Osmon seconded the motion. Upon roll call vote the motion carried unanimously. President Armstrong stated that with the Board ' s approval , he would like to table for one week the recommendation that the commission of Wallace E. Berth be renewed for one year, since Mr. Berth is being considered as a Trustee to fill the vacant seat on the Board. Trustee Fabish moved to table the appoint- ment of Mr. Berth. Trustee Shirley seconded the motion. Upon roll call vote the motion carried unanimously. President Armstrong asked Mr. Hoyt if the Ritzenthaler request for rezoning should be discussed. Mr. Hoyt stated that it will be considered at a later meeting . 2243 5/3/71 1 President Armstrong stated that Norman Katz , Co-chairman of Buffalo Grove Days , had asked to be on the agenda of this meeting , but per his request , be postponed one week . 16 . Memorandum from Park District/Various Items Mr. William Kiddle , Chairman, referring to the April 5th minutes of the Village Board, requested the deed to the Raupp Memorial site and the right to purchase the 14 . 6 acres next to the sewage treatment plant . He further noted the special meeting of the Buffalo Grove Park District which will be held Thursday , May 6 , 1971 , for the purpose of passing the resolutions and ordinances necessary to call and conduct a referendum on Saturday , May 22 , the amount of this referendum being 1 . 25 million dollars with the purpose of this referendum being to have land acquisition, park development and major capitol improvements . The recreational projects included in the referendum are contingent upon the fulfillment of the requests made of the Village Board. Mr . Kiddle ' s first point was to request that the Board make available for sale the 14 . 6 acres of land adjacent to Lake County sewage treatment plant for a park and that the sale price be $4 ,500 per acre exclusive of the interest charges . He further requested a report from the engineer on the necessity for water retention on this site . President Armstrong stated that the engineers have proposed retention area on this land ; however, it is a tentative plan which is part of a four million dollar project which needs cooperation from Lake Zurich and all the way down the Buffalo Creek Watershed, and suggested to make the sale of this land contingent upon future water retention plans . A lengthy discussion followed concerning the cooperative work of the Village Engineers and the Park District Engineers . Mr. Raysa stated that it is a workable situation. The possibility of the need for a portion of this land for expansion of the sewage treatment plant was also discussed. In reference to the April 5th Board meeting and the discussion at that time concerning the possibility of constructing a Public Works garage on a portion of that site , President Armstrong stated that in his discussions with Mr . Davis , it was decided that this area was not desirable for a garage because of its distance from the Municipal Building . Trustee Shirley moved that the Board approve the conveyence of this property , as soon as the title is obtained, to the Park District , namely the 14 . 6 acres adjacent to the Lake County sewage treatment plant , subject to the cooperative efforts of the engineering people involved to arrive at the proper water retention, the price to be $4, 500 per acre plus acrued interest. Trustee Fabish seconded the motion. Trustee Fabish asked if the Board was moving too fast on the motion or should they wait for the engineer 's 2244 5/3/71 report . Trustee Fabish stated that since the board must first purchase the land and then transfer the funds , he had to question what funds would be used. Trustee Shirley stated that that money is in the bond issue . Mr . Raysa stated that our feasibility report shows that we need that land for expansion of the sewage treatment plant . Trustee Rathjen stated that the Park District should know the intent of the Board, but that he was not in favor of passing this motion at this time since there are too many things to consider first . Mr. Kiddie stated that the Park District cannot hold title to this land and receive Federal Funds . Upon roll call vote , the vote was as follows : AYES : Trustees Shirley, Osmon NAYS : Trustees Fabish, Rathjen, Vogt Trustee Fabish stated that he wants to give land to the Park District , but expressed his concern about the possibility of having to expand the sewage treatment plant . President Armstrong polled the Board in respect to conveying, if not all , as much as possible of the 14 . 6 acres to the Park District . Upon roll call vote , it passed unanimously. Mr . Kiddie then requested the Board to deed to the Park District the Raupp Memorial site . He stated that the Board has received a letter of opinion from the Chicago Title & Trust which indicates the Village is the owner . He assured the Board that the Park District would support the covenants that apply under the general document and that the Park District is willing to continue in the spirit of the Raupp request to maintain it as a suitable memorial . Since President Armstrong stated he had not seen this letter , Mr. Kiddie stated that he would forward it to Mr. Armstrong. President Armstrong stated that Mrs . Finnegan had appeared before the Board for the consideration of using that facility for a library. Mr . Kiddle stated that they are awaiting a report from the Village engineer with regard to public use and that at the present time , the building could be put in the form of a memorial . Trustee Fabish stated that , in a report from Hattis , it is stated that the building is not suitabl e for public use , and that they recommended selling the building or moving it because it would take $30 ,000 to bring it up to specifications for public use . Mr. Kiddie asked the Board if they were aware that the fire insurance has lapsed. President Armstrong instructed the Clerk to look into the matter . President Armstrong polled the Board stating that an aye vote means the willingness of the Board to convey title of the Raupp Memorial to the Park District . Upon roll call the vote was unanimous . 2245 5/3/71 Mr. Kiddie then requested the deed to the Kilmer Site as provided under point two , pages 2 and 3 on the Gregg Builder ' s Agreement . He stated that the Park District would like to own or lease this land before they start a comprehensive development plan. President Armstrong stated that the Village has not received that deed. Trustee Fabish stated that there is a contingency that we are to fill the ditch along Buffalo Grove Road as part of the agreement before the deed will be transferred. Mr . Raysa stated that the funds had not been available to do this . President Armstrong asked Mr . Brandon to see if $25 ,000 would cover this . President Armstrong stated that it is the intent of the Board to get the deed so that it can be conveyed to the Park District and to get the $25 ,000 that was promised to the Park District for the development of the park site through the agreement of the Ranch Mart Apartments . The Village has every intention of filling in that culvert as soon as possible and will request the $25 ,000 for that. Mr . Kiddie stated that he was apprised by the attorney that finally the Park District has been able to get an answer from Mr . Frank, that a letter is forthcoming and addressed to Mr . Kiddie , and at that time the Park District will handle that aspect . I think it may have to be a more protractive discussion than I had anticipated. Trustee Vogt stated that the Board should take the lead in having this ditch filled. Mr . Kiddie further stated that in the past few months , the Emmerich Park Building has suffered several acts of vandalism. The Park District has an extremely good relationship with Chief Smith and his department and we seek at this time a request to maximize the security of the public facilities in which we have a common interest . President Armstrong stated that he would bring this to the attention of Chief Smith and is sure he will cooperate . Mr . Kiddie stated that the Park District hopes that the dialogue started with the previous administration and continued this evening may not come to an end with the solutions of these problems . Mr . Kiddie stated the Park District was interested in the public use land at Arlington Heights and Checker Roads which is on the southern area of Well #2 , and considerations have to be given to the short term and long term drainage pattern that exist in that area. Mr . Kiddie stated if there are any engineering studies on this , the Park District would like to be apprised. Mr. Brandon stated that there are no plans on that site at this time . Mr . Kiddie ' s next point was that the Park District is in the process of developing a Master Plan and hopes that , at such time in the future when the Village develops a long range plan and that the several school districts that are serviced within the Village have theirs , that we can come together and coordinate these into a viable comprehensive plan for the Village . In particular, the Park District is 2246 5/3/71 in need of information on the Mill Creek area and the status public use land that exists there . President Armstrong stated that it is the thinking of the Board that cooperation from all governing bodies is needed in the formation of the Village Master Plan. As far as Mill Creek is concerned, the Board, the Park District and District #21 should discuss allocation of the 12 acres available there . President Armstrong stated that the Park District will be a part of discussions in annexations of land to the Village . Mr. Kiddle stated that the Park District would like all new lands to be included in the Buffalo Grove Park District if not already in a Park District . 17 . Request from Harlan Becker and Donna Weidner/paint house numbers on curbs in the Village Trustee Fabish moved that the Board allow Harlan Becker and Donna Weidner to conduct their painting of house numbers on curbs campaign in the Village . Trustee Shirley seconded the motion. After some discussion , a roll call vote was taken and it passed unanimously. 18 . Communication from Citizens for White Pine Ditch/ Formation of Committee Mr . Peter Loughlin, spokesman for the Citizens for White Pine Ditch, made a presentation on the differences between retention and detention areas , and displayed pictures of Hasbrook Park in Arlington Heights , Husky Park in Wheeling , Heritage Park in Wheeling and Hickory Park in Arlington Heights , as examples . He requested the Board to consider detention rather than retention for the White Pine Ditch, and that it could serve as a model to other areas of the Village . Susan Wiggins , Chairman of the Committee , requested a co- operative committee composed of citizens and members of the Board because the Committee wants to deal with facts , not fiction. Mr . Brandon of Hattis stated they have investigated retention and detention for this area, but that it is a question of money and further that the possibility of either cannot be determined until soil borings are made . Trustee Rathjen moved that the Board instruct Hattis Engineers to take the necessary soil borings in the White Pine Strip to determine the water table . Trustee Vogt seconded the motion. Upon roll call vote the motion passed unanimously. Trustee Vogt stated that this was an excellent presentation and would like to encourage citizens to take this kind of approach in other matters . Mt5 Rech from the audience asked if the White Pine Ditch is an official Illinois. water system. Mr. Brandon stated 2247 5/3/71 that it is part of the Buffalo Creek Watershed. Mr. Rech asked how deep the soil boarings would be . Mr . Brandon stated that they would be a minimum of 15 feet . Mr . Rech further requested that the Board work in conjunction with the Park District in this matter. Trustee Vogt asked how deep the water will be . Mr. Brandon stated that the maximum depth will be 12 feet overall . 19 . Memorandum from Steve Brooks/Civil Defense Director with reference to Public Works Broadcast Network cost President Armstrong , referring to the communication from the Civil Defense Commission, asked exactly what the Commission was requesting . He asked Mr. Brooks to submit a report with Mr . Davis on how this matter should be handled. Trustee Shirley moved that this report be tabled. Trustee Fabish seconded the motion. Upon roll call vote the motion carried unanimously. 20 . Memorandum from William Davis/Director of Public Works reference Electric Meter for Lift Station President Armstrong stated that this work must be accomplished . Trustee Fabish moved that the Board waive the publication of bids for relocating the meter for our Lift Station. Trustee Osmon seconded the motion. Upon roll call vote the motion carried unanimously . Trustee Osmon moved that the bid from Northbrook Electric Company in the amount of $787 . 00 be accepted. Trustee Vogt seconded the motion. Trustee Shirley asked Mr . Davis if he felt he could get a lower bid. Mr . Davis stated he did not believe so . Mr . Raysa asked why it needed to be moved. Mr . Davis stated that it must be on Village-owned property so that the meter can be read. Upon roll call vote the motion carried unanimously. President Armstrong read a communication from Mr. Tom Shirley concerning the Wheeling High School Scholarship Foundation, a community organization founded for the purpose of raising funds in a non-profit manner with which to make scholarships available to elegible young people who graduated from Wheeling High School , and their request for one of our Board members to be appointed to their Board of Directors . President Armstrong appointed Trustee Fabish to serve on the Board of Directors of the Wheeling Scholarship Foundation. 2248 5/3/71 President Armstrong read a communication from the Northwest Municipal Conference , stating that May 3 through May 8 is Fire Recognition Week . President Armstrong stated that the Buffalo Grove Fire Department is participating in an exhibition of fire fighting apparatus to be displayed in the Randhurst Mall during this period. He further stated that the fine work of our Fire Department should be recognized. Trustee Rathjen distributed to the Trustees an information sheet on various matters in the planning area and road situation that he has been pursuing . Trustee Shirley stated that on Saturday, May 1 , forty trees had been planted on the Alcott School site due to the efforts of Mr . and Mr. John Rechs , students of Alcott School , Boy Scout Troop #140 , Cub Scout Troop #211 , Girl Scout Troop #782 , Boy Scout Troop #341 , Girl Scout Troop #890 and Girl Scout Troop #696 , and that these people should be recognized for their efforts . 21 . Executive Session Trustee Fabish moved that the board enter into an executive session. Trustee Osmon seconded the motion and it carried unanimously. 12 : 00 P .M. The Board moved into Executive Session. Minutes of an Executive Session are not for publication and therefore not included in these minutes . 1 : 45 P .M . There being no further business and no questions from the audience , Trustee Rathjen moved the meeting be adjourned. Trustee Osmon seconded the motion and it carried unanimously. Respectfully submitted, eZir4„_, Village Clerk Appro d is day of Gyy? 1971 it Presi ent