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1970-05-18 - Village Board Regular Meeting - MinutesC 1958 5/18/70 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE , COUNTIES OF COOK AND LAKE , STATE OF ILLINOIS , HELD MONDAY , MAY 18 , 1970 AT THE MUNICIPAL BUILDING , 50 RAUPP BLVD . , BUFFALO GROVE , ILLINOIS . President Thompson called the meeting to order at approximately 8 : 10 P .M . All present stood and recited the Pledge of Allegiance to the Flag . The Clerk called the roll and the following were found present : President Thompson ; Trustees Felten , Gleeson , Thorud , Armstrong , Fabish , Cimaglio Also present were Village Attorney , Richard Raysa ; Village Manager , Richard Decker ; Village Engineers , Hattis Engineering represented by Mr . M . Stearns . 1 . Minutes of April 27 , 1970 Trustee Cimaglio moved the minutes of the meeting of April 27 , 1970 be approved as submitted . Trustee Gleeson seconded the motion and upon roll call vote the motion carried unanimously . 2 . Minutes of May 4 , 1970 Trustee Fabish moved the minutes of the meeting of May 4 , 1970 be approved as submitted . Trustee Armstrong seconded the motion . Upon roll call the vote was as follows : AYES : Trustees Felten , Thorud , Fabish , VJ10YJ$ Armstrong NAYS : None ABSTAIN : Trustees Gleeson , AYO Y$021 Cimaglio Trustee Cimaglio stated his mother asked that he publicly thank the Village Board for the flowers at the time of his father ' s death . 3 . Traffic & Safety Committee Report ( Doc . # 70-34) `./ Discussion was had concerning the possibility of a sidewalk along Arlington Heights Road to the Buffalo Grove Mall . Mr . Decker was directed to get an estimate as to price . Concerning the paving of the portion of Raupp from the Park Building to the Village Hall , it was determined that the Buffalo Utility Company be contacted to see if they would pave it . 1959 5/18/70 Discussion followed concerning the stray dog situation . Mr . Decker stated that he has included in the budget , a sum for animal control . He stated Wheeling and Buffalo Grove may work out an agreement whereby they share the services of a dog warden . He stated Arlington Heights is not interested in a joint venture. Trustee Felten expressed ooncern over the excessive speeds at which cars have been traveling throughout the Village . Mr . Decker stated the Village has entered into an agreement to rent a radar unit which is of the latest type and has it in operation . Trustee Thorud expressed concern over the condition of the sidewalk to the Ranch Mart Shopping Center. He stated that the wash-out will cause it to collapse . Since the sidewalk is on private property, the Village does not have authority to have it fixed . 4 . Memo from Manager re Fire Truck Agreement Trustee Felten stated that he would like to make a state- ment concerning the memo from the Village Manager dated May 15 , 1970 concerning the Fire Truck Agreement . Trustee Felten stated the Village depends largely on building permits to surviveand asked where funds will come from to meet the present proposed budget , not to mention the expansion of the water and sewer system if the bonds are not sold . He stated the Village has approved the loan of $60 ,000 through Tax Anticipation Warrants for the 70-71 fiscal year. He stated we are paying interest on this loan: and in addition , are being asked to pay interest for a piece of fire equipment that does not belong to the Village . He further stated the Fire Department is a private corporation contracting to the Wheeling Rural Fire Protection District and services only the Cook County portion of the Village . The Lake County residents do not benefit from this equipment . Trustee Felten questioned how the Fire Department was going to pay its full time employee plus its maintenance costs , gas , etc . , if it did not have money to pay the interest on the fire truck . He stated the Village has no control over fire department finances , nor has he ever received a financial statement regarding the Fire Department . He questioned whether we are obligated to assist the department and how would the Village react to a similar request from the Long Grove Fire Protection District . He further stated that some time ago the Village Board requested the Manager to investigate the feasibility of the formation of a municipal fire department but to date no formal report has been received . In conclusion , Trustee 1960 5/18/70 Felten moved that the Village Attorney be directed to draw up the necessary papers for petitions to deannex from the Long Grove Fire Protection District and the Wheeling Fire Protection District and have a referendum to form a municipal fire department. Trustee Gleeson seconded the motion . Discussion ensued regarding the financial ability of the Village to form a municipal fire department . It was stated by Mr. Decker that in his opinion the Village could not now form a municipal fire department even if we could tax at the maximum allowable rate . Mr. Raysa stated that the Village would have to apply to both boards of the Fire Districts and ask leave to file for disannexation . He stated we would then have to go to Court and show that we are not receiving adequate fire protection to force disannexation . Trustee Fabish stated he did not feel we had enough information to make a decision tonight . Trustee Felten suggested a recess in order to study the State Statutes regarding the process required . Mr . Raysa stated that he would not give an opinion on the subject without being able to study cases interpreting the statute . Trustee Armstrong moved Trustee Felten ' s motion be tabled until we have more information presented so that we can make an effective decision on it . Trustee Cimaglio seconded the motion and upon roll call vote the vote was as follows : AYES : Trustees Gleeson , Armstrong , Cimaglio , President Thompson NAYS : Trustees Felten , Thorud , Fabish President Thompson stated that had he not cast the tie breaking vote , he would have vetoed the motion if it had carried , since he did not feel the Village could make a move of this type without first talking to the Fire Department , being sure we could disconnect from the Districts , determining what the tax- payers would be paying , whether we would be able to tax at the maximum rate allowable and numerous other undetermined factors which would influence such a decision . Thereupon Trustee Felten moved that we do not make the interest payment for the Fire Department . The motion died for lack of a second . Trustee Gleeson moved that the Board follow the recommendation of the Village Manager and make the interest payment from the pre-payment fee that Mr . Brown will make for the first six dwelling units of his first condominium. Trustee Cimaglio seconded the motion . 1961 5/18/70 Upon roll call the vote was as follows : AYES : Trustees Gleeson , Thorud , Armstrong , Fabish , Cimaglio NAYS : Trustee Felten President Thompson then stated that he would at the request of the Trustees appoint a Committee to secure the necessary information . A poll of the Board was taken to determine whether a Committee should be appointed or whether the Village Manager and the Village Attorney should secure information needed . Trustee Felten - Desired a Committee Trustee Gleeson - Felt the Manager and Attorney should secure information Trustee Thorud - Against Committee . - desired legal opinion from Attorney Trustee Armstrong - No Committee Trustee Fabish - No Committee Trustee Cimaglio - No Committee President Thompson then stated that Mr . Decker should work with Mr . Raysa to secure the necessary information and report back to the board at their earliest convenience . 5 . Plan Commission Report ( Doc . #70-35 ) The Plan Commission recommended to the Village Board that Checker Drive and Checker Road retain their present names . Trustee Cimaglio moved that the Board reconsider the motion of a name change for Checker Drive . Trustee Fabish seconded the motion and upon roll call vote the motion carried unanimously . Thereupon Trustee Cimaglio moved that the Board disapprove the changing of Checker Drive to Willow Grove Drive until a report from the Plan Commission is submitted . Trustee Fabish seconded the motion and upon roll call vote the motion carried unanimously . Discussion followed regarding the request for variation of the Fence Ordinance by Mr . Schmitt of 1 Stonegate Court . The Plan Commission recommended approval of the variation . Trustee Felten moved that action on the request be tabled until the next board meeting so that Trustees can be provided with copies of the proposed variation . Trustee Gleeson seconded the motion . Upon roll call the vote was as follows : AYES : Trustees Felten , Gleeson , Thorud , Cimaglio NAYS : Trustees Armstrong , Fabish 1962 5/18/70 The request for variation of the fence ordinance by Mr . Walter Kihm of 280 Indianhill Drive was then placed before the Board . The elan Commission recommended approval of said request . Trustee Thorud moved that action be tabled until the next board meeting so that Trustees can be provided with copies of the proposed variation . Trustee Felten seconded the motion . Upon roll call vote the following resulted : AYES : Trustees Felten , Gleeson , Thorud , Cimaglio NAYS : Trustees Armstrong , Fabish There was no further action required on the Plan Commission Report . OLD BUSINESS 6 . Approval of MFT for St. Mary ' s Pkwy & Bernard Drive President Thompson stated the Clerk requested direction for a date for acceptance of bids for the seal coating of St. Mary ' s Parkway and Bernard Drive . Approval had been received for expenditure of MFT funds for that purpose . Discussion ensued regarding establishing a special assessment to pay for the work . Mr. Raysa stated that the amount of work involved in setting up the special assessment, including receiving court confirmation , engineering costs , etc . , would result in a very high cost for such a special assessment . Trustee Felten questioned the discrepancy in the total amount of the cost approved . Mr . Stearn was directed to determine why the amount of the resolution had been changed . 9 : 15 P .M . President Thompson declared a recess 9 : 30 P .M . The meeting was reconvened . 7 . Proposed Waterworks and Sewer Ordinance Trustee Gleeson moved the proposed ordinance be removed from table . Trustee Fabish seconded the motion and upon roll call vote the motion carried unanimously . President Thompson then read Ordinance #0-70-9 being an Ordinance providing for the regulation and operating of the combined waterworks and sewerage system of the Village of Buffalo Grove and fixing rates and charges for water , water service , sewer and sewer service furnished by said waterworks and sewerage system. 1963 1 5/18/70 Following the reading , discussion ensued regarding the amount to be charged for turn-on following a shut off for non-payment of charges . It was determined that $25 . 00 should be inserted as the fee . Further discussion followed regarding the amount of days allowed after the delinquent date before the turn-off is made . A poll of the board was made on a 15 day time period . Trustees Gleeson , Thorud , Armstrong , Fabish , and Cimaglio agreed with the 15 day time period , Trustee Felten disagreed . Trustee Felten moved that the attorney make the necessary changes in the ordinance and return it to the Board for approval . Trustee Fabish seconded the motion and upon roll call the motion carried unanimously . 8 . Recapture Agreement/ Miller Builders Mr . Raysa then presented the board with a revised copy of the recapture agreement to be entered into with Miller Builders . Prior to it being read , a recess was called at 10 : 10 P .M . 10 : 30 P .M . The meeting was reconvened President Thompson read the proposed agreement . It was noted that the interest charges had been deleted . Mr . Raysa stated that he had received a letter from the Attorney, Mr . Borde , stating that he felt the agreement was unfair in its present form. He stated he felt at least one year ' s interest should be incorporated . Trustee Felten moved that the Board authorize the President and the Clerk to enter into the agreement with Miller Builders and Rossetti Contracting . Trustee Cimaglio seconded the motion . Upon roll call the vote resulted in the following : AYES : Trustees Felten , Armstrong , Fabish , Cimaglio , President Thompson NAYS : Trustees Gleeson , Thorud Trustee Cimaglio moved that we accept portion "A" of the contract addendum #2 in the amount of $130 ,693 . 50 as presented by Rossetti Contracting Company . Trustee Armstrong seconded the motion . Upon roll call the vote was as follows : AYES : Trustees Felten , Gleeson , Armstrong , Fabish , Cimaglio NAYS : Trustee Thorud 1964 5/18/70 9 . Miscellaneous President Thompson directed the Village Clerk to respond to a letter from Paddock Publications regarding information requested to comply with the Open Meeting Law . The Board acknowledged receipt of an operating statement for the Utility Company . Further investigation is being made into the expansion of the Village ' s warning system. Discussion ensued regarding the letter of resignation received from Mr . Hoyt of the Plan Commission as well as the letter received from Mr . Raysa concerning said resignation . The Board felt that since Mr. Hoyt was honorable and professional enough to inform the Board of his position with the law firm , he would also be honorable and professional enough to with- draw when a conflict arises . No action was taken on the resignation . 10 . Communications President Thompson acknowledged a thank you note from the Camp Fire Girls regarding the use of the Council Chambers for their Ceremonial . President Thompson then stated that although Mr . Schrader had been informed both verbally and by letter from the Village Clerk that he would appear on the agenda for this meeting , he was not present in the audience . He stated he wished at this time to make a statement and felt that it should be the final statement he will make concerning the subject . President Thompson stated he did not feel he had to answer to the SHA since the Board and the President have always acted in the best interests of the Village . He stated it is all too convenient that the tape which Mr . Schrader alleged contained misrepresentations by himself , was missing . President Thompson stated contract zoning via preannexation agreements is perfectly legal . Pre annexation agreements became legal in 1963 , in fact , all such agreements made before the Act went into effect were validated . President Thompson stated that he and the Village Board wanted to eliminate the sewage treatment plant and buy the Buffalo Utility . One of the contingencies insisted upon by the utility was that the board zone the area containing the plant as a planned development . In return the Utility agreed to reduce the price about $400 ,000 . The board felt the location would be conducive to such a use . President Thompson further stated that he feels when and if the Village purchases the Utility , this board or any subsequent board would , upon application , probably grant a planned development for that parcel of land . He stated there are no 1965 5/18/70 cases specifically outlawing contract zoning and if we had proceeded to contract the zoning requested , we would have been accomplishing all that is normally accomplished under pre-annexation agreements . He stated because of protests by the SHA and sundry others , this provision was eliminated from the option contract with the utility company . Sub= sequent happenings may prove this to have been a bad move since as a result the option period to buy at the stipulated price was shortened . If we are unable to sell the bonds within the option period , we may have to pay substantially more than the option price . Further , the Utility had agreed to pave the portion of Raupp between the park and the village hall and further to cover the ditch along Buffalo Grove Road , in addition to dropping law suits against the Village . President Thompson stated that as a result of the publicity that the Village is receiving because of the protests on condominiums and multi -zoning , builders and developers have withdrawn petitions to the Village . The Arlington Golf Course will go to Wheeling and be developed as a multi =family area . The Chesterfield Development South of Dundee Road is going to Wheeling and Arlington Heights . President Thompson stated that he in no way want to appear to be condemning Wheeling and Arlington Heights or the County for these projects however, we will still have these projects in the area with the assessed valuation going to other villages . No developer wants to come into a Village where his money and mortgages will be tied up because small groups of individuals do not approve of specific type of land use . However , we will be living with them but gaining nothing from them . President Thompson stated he can find no excuse for the treatment given \ his wife after the meeting at which he spoke before the SHA and will apologize to no one for his actions . Trustee Cimaglio stated in reference to the statement made by Mr . Schrader that he was treated rudely and brusquely at the Village Board meeting that he would commend President Thompson on is stringent restraint since if Mr . Schrader had made such a statement to him , he would be "hard pressed not to take a chair and throw it at him" . President Thompson stated he had no intention of answering charges made in Mr . Schrader ' s letter however , he wished to clarify statements attributed to him regarding zoning that does not exist. Trustee Felten stated that he endorsed President Thompson ' s statement "very strongly" . Trustee Gleeson asked that Mr. Schrader be dismissed from the agenda in the future . President Thompson stated he would not hold it over any longer . 1966 5/18/70 11 . Dundee Road Widening/ Agreement Highway Department Mr . Raysa stated that he is preparing the necessary ordinances and resolutions regarding the entering into the agreement with the State Highway Department . He questioned the Board as to whether the Village will maintain catch basins and utility lines and man-holes . The Board stated the Village will maintain our own but not the ones they will install . He also questioned whether the Board would agree not to allow encroachments on the right-of-way . The Board was in agreement . Mr . Raysa stated he would try to finalize the necessary papers by the next board meeting . 12 . Proposed Ordinances Mr. Raysa then stated he would like to submit proposed ordinances concerning trespasses and solicitors as well as one concerning abandoned autos to the Clerk so they may be copied and given to the Board to be discussed at the next meeting . He stated they were model ordinances suggested by the Municipal League because of recent changes in the law. There being no further business before the Board and no questions from the audience , Trustee Fabish moved the meeting be adjounred . Trustee Cimaglio seconded the motion and it carried unanimously . Time : Approximately 11 : 25 P .M . 7 . a42 f f Village C r Approved this � J day of , 1970 14111;g7resident