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1963-10-24 - Village Board Regular Meeting - Minutes MINUTES OF AN ADJOURNED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, ILLINOIS, HELD THURSDAY, OCTOBER 24, 1963, IN THE LOUISA MAY ALCOTT PUBLIC SCHOOL, BUFFALO GROVE, ILLINOIS . The meeting was called to order at approximately 8 :20 P.M. In the absence of the President, Trustee Frank, senior trustee, presided. Being an adjourned meeting, the Pledge of Allegiance and approval of minutes were dispensed with. The Clerk called the roll and the following were found present : Trustees Rueckel, Racette, Marsh, Weiskopf, Huxhold, Frank ABSENT: President Farrington Before discussion on Glen Grove commenced, Trustee Huxhold gave a brief report on the Fire Department. He had met with the men to alter the application. The men in the existing department will sign an addendum to be attached to the original application. It states "I understand that I am to be given a physical examination and be fingerprinted. I further understand that the policy of the Buffalo Grove Volunteer Fire Department regarding local politics is one of neutrality; if, however, I choose to seek election to an office in Village Government, I shall tender my resignation as a member in the Department" . The men applying from now on will sign the new application forms. Dill Hennings will be acting Chief for the present. The Village Board ,will make every effort to meet with the Rural Fire District Trustees to see what can be done for our department . Trustee Frank then stated he thought th purpose of the meeting was to discuss the pre-annexation agreement. He asked for discussion. Trustee Weiskopf asked Mr . Raysa whether the Glen Grove Company was a legal entity for the purpose of signing the pre-annexation agreement. Mr . Raysa stated that one or more of the owners of the land will have to sign the agreement. Mr. Siegal stated Glen Grove Company is a joint venture, not a corporation, operating to bring proceedings up to a point of annexation at which time the legal entities will be the owners of the land. Discussion followed regarding the market for bonds . Mr . Siegal stated simply, no bonds, no utility, therefore no development. Mr . Raysa stated they would be the losers if they did not provide the market for the bonds . Trustee Frank questioned accepting a plat which includes area which is not under the control of the owners. Mr. Raysa stated it is not unusual because it is part of their Master Plan. Mr . Siegal stated there will be no zoning requested for it since it is not in their control. Trustee Marsh asked for a clarification for the word "dedicate" . Mr. Siegal stated under the Plats Act, when filing a plat, those parts shown as dedicated land are conveyed to the municipal authority. The title is conveyed as soon as the Plat is filed or recorded. under the pre-annexation agreement, if all land is not platted within 5 years the owner will convey to the Village all public lands . This was also an answer to a question from the audience by W. Jablonski who asked when the lands would be dedicated to the Village . Trustee Racette asked whether the agreement could be amended. Mr. Raysa stated that as statute now exists, it can be amended and the reason for the 5 year restriction on amending Village Ordinances is for an enducement to become annexed. He stated he felt our existing ordinances are such that they are reasonably restrictive and fair. It restricts only the Glen Grove subdivision and no further annexations. Building Commissioner, Ed Venetianer, reminded the board that a new building code is being prepared. It will be a completely new code and suggested that the Glen Grove people review it to see if it is acceptable since he did not think it would be ready for approximately 3 months. Trustee Frank stated they should diligently pursue the preparation of the code with the annexation so close . Trustee Marsh stated he wished to make it clear that Glen Grove will he developed unit by unit as the existing Village is and not in one pacakge . As estimate of 10 years has been used for complete development . Trustee Frank asked whether they arepre- pared to state where development will start. Mr. Dean stated they were not, since they did not know the answer to the utility question. Trustee Rueckel asked who had control over which area would be developed. Mr . Dean stated that the board has control over which area because they have the final say on each plat as it is brought in. Mr. Raysa concurred. It was noted that the area on the Plat marked Civic Center was not to be dedicated. Trustee Frank stated he felt the board reserved the right to further discuss the 27 acres of land which are to be held in reserve to determine whether they are to be dedicated at a later date or whether a purchase price can be arrived at for a later date . The area is almost entirely in flood plain. Trustee Frank then stated he felt if each section of the pre- annexation agreement were read and discussed individually, the audience would understand it better. Thereupon Trustee Racette read Section 4 dealing with the dedication of public land. There being no further discussion, Trustee Huxhold read Section 5 which speels out the cash donation of $40, 000.00 to the Village . There being no discussion on that Trustee Frank read Section 6 dealing with improvements. Trustee Rueckel questioned easements for easier access to school sites. Mr. Siegal stated major access to schools will be provided when individual plats are presented for approval. Trustee Frank thought the conveyance of improvements and easements to the Village should be specifically stated as upon completion of individual units. Mr . Raysa so noted and Mr. Siegal concurred. Trustee Weiskopf read Section 7 dealing with water and sewage treatment facilities . Discussion was had on the 6/ interest rate . Trustee Marsh felt it washigh. Mr . Siegal stated it does not prevent the village from accepting a lower bid if they get one but Glen Grove could not agree to purchase at less because the bonds will not be highly marketable in the beginning. Trustee Frank questioned what would happen if they decided not to purchase bonds. They could conceivably make a deal with the existing utiliyt, put up one of their own or go to Lake County. They would already be annexed and zoned and the Village would not have a water utility. Mr . Raysa stated the agreement sayd they will provide the market for the bonds. The Village would enforce the agreement. It is an enforceable contract and the village could enjoin them. Trustee Rueckel read Section 8. He asked whether a letter of credit is legal. Mr . Raysa stated the Village is "better off" with a letter of credit than with provisions in the existing code . A definition of a letter of credit was asked for. Mr. Siegal stated a letter of credit is a notification from a lending institution, either a bank or savings and loan, stating there are on deposit funds to cover improvements and these funds will be dispersed on the order of the municipality to complete improve- ments. Mr . Hooper stated letters of credit are irrevocable . Trustee Frank asked that a sample letter of credit be attached to the agreement and asked that a time limit be included of not more than 2 years. Trustee Marsh read Section 9. Mr . Raysa stated it says simply that the Village cannot change the subdivision regulation ordinance or building code or electric code. Mr. Siegal then requested that dates be set for public hearings on the pre-annexation agreement and zoning. Trustee Marsh moved that the board advertise for a public hearing on the pre-annexation agreement to be held on November 14th at the Alcott School. Trustee Racette seconded. Following discussion on the 15 day limitation for publication, Trustee Marsh amended his motion to read the hearing be held on November 21st. Trustee Racette seconded the motion. This being a regular board meeting night, Trustee Marsh further amended his motion to read on Tuesday, November 19th. Trustee Racette seconded the motion. On roll call the vote was as follows : AYES : Trustees Rueckel, Racette, Marsh, Weiskopf, Huxhold, Frank NAYS : None 5 70 Trustee Racette read Section 10 which states the Village will agree to pass all necessary ordinances for annexation. Trustee Huxhold read Section 11. Trustee Weiskopf read sections 12 and 13 which state agreement is binding for a period of five years upon the village, owner, and its successors and assignees. Discussion was had on public improvement in the area to be planned. Trustee Frank asked whether it was the developers intention to fully improve Checker Road. Mr . Siegal stated that part of Checker Road shown on the Plat to be developed will be improved. Trustee Racette moved the meeting be adjourned. Trustee Huxhold seconded the motion and on roll call the vote was as follows : AYES : None NAYS : Trustees Rueckel, Racette, Marsh, Weiskopf, Huxhold, Frank Fred Porter questioned whether a copy of the pre-annexation agreement will be published with the notice for public hearing so that people will know what is to be discussed. Mr. Raysa stated statute does not require publication of the agreement as a whole . Enough will be put :into the notice so that the public is properly advised as to what the hearing is about. The Chair directed the Clerk to put in the notice that a copy of the agreement will be in her office on file for the public to view during the prescribed hours. Trustee Marsh asked Charles Wilhelm if the Plan Commission was prepared sufficiently to conduct a public hearing for the Zoning of Glen Grove . Mr. Wilhelm replied they were . Trustee Frank stated he felt the board should have time to study the Plan Commission recommendation before a hearing is held. Trustee Marsh stated he felt there was time to disucss thisduring the required publication period. Trustee Racette moved a zoning hearing for zoning of Glen Grove be held on November 20th at 8 :00 P.M. at the Alcott School. Trustee Marsh seconded the motion. On roll call the vote was as follows : AYES : Trustees Racette, Marsh, Weiskopf, Huxhold NAYS : Trustee Rueckel, Frank A fee of $75 .00 is due in accordance with Article XVIII of the Zoning Ordinance . Trustee Racette moved the meeting be adjourned. Trustee Marsh seconded. Both withdrew their motion and second, respectively. Mr. Palmer of the audience wished to have the point of flood plain clarified. Mr . Hooper, village Engineer, stated no problem is being created for anyone in the proposed Glen Grove subdivision, flood-wise or otherwise . He stated this from an Engineering "Point of view" . Trustee Marsh moved the meeting adjourn. Trustee Huxhold seconded the motion and it was unanimously carried. Respectfully submitted, Villa e lerk S 7/ MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, TT,LINOIS; HELD THURSDAY, NOVEMBER 7, 1963, IN THE LOUISA MAY ALCOTT PUBLIC SCHOOL, BUFFALO GROVE, ILLINOIS. The President called the meeting to order at approximately 8:15 P.M. All stood and recited the Pledge of Allegiance. The Clerk called the roll and the following are found present: President Farrington; Trustees Rueckel, Marsh, Weiskopf, Huxhold, Frank ABSENT: Trustee Racette. (arrived 8:25P.M.) President Farrington indicated that in the minutes of October 17th, the words "shouldn't be questioned" should be stricken (page 2, paragraph 4). Trustee Marsh moved the minutes of the regular meeting of October 17th, and the adjourned meeting of October 24th be approved. Trustee Weiskopf seconded the motion and it was unanimously carried. Trustee Weiskopf read Warrant #70. Trustee Weiskopf moved Warrant #70 in the amount of $4455.24 be approved. Trustee Marsh seconded the motion. Trustee Weiskopf stated $1,374.72 was transferred from the General Fund to a special MFT Fund. Trustee Weiskopf moved the motion tabling the payment of $32.00 to C. Wagstaff be untabled. Trustee Rueckel seconded the motion and it was un- animously carried. The roll was called on the motion to approve the warrant and it was unanimously carried. Trustee Huxhold gave a Fire & Health Committee report. He stated the Fire Department had met on Sunday, November 3rd and signed the application. Capt. Hennings explained the reorganization of the fire department. He put the various men in chage of specific jobs to be done. The Pumper is being winterized and the title was given to the Clerk. Equipment is being secured and they will be training with the help of professional firemen who will come out to super- vise the training. The appointment of five men was recommended and at the next board meeting an active roster of fire department will be submitted. Chief DeKneef gave the Police Report. Total hours logged by patrolmen were 720. Total hours logged by radio operators were 140. Matthew Katrinak has completed probation and should be added to the List of regulars. Trustee Racette arrived and was present for the meeting. President Farrington and Trustee Marsh reminded the residents that it is mandatory for dog owners to obtain licenses. Trustee Frank stated that the Gas lights on Golfview and Buffalo Grove Road were broken by vandals and should be referred to the Public Improvements Committee for repair since gas is escaping. Charles Wilhelm gave a Plan Commission Report. (Document #198). A recommendation on the public hearing regarding rezoning the parcel of land will be made within the 30 days required by ordinance. G. Fred Porter stated he could not give a detailed report at this time but he turned over $412.00 to the Clerk for fines received in September and October. ,S�/� 2 OLD BUSINESS Mr. Eugene Murphy, of Murphy and Pearson then submitted to the Board a Petition (Doc.#199) for annexation of the Northeast Corner of Dundee and Buffalo Grove Roads accompanied by an Annexation Agreement (Exhibit A), Annexation Petition (Exhibit B) and Petition for Zoning Classification (Exhibit C) requesting B-4 Zoning and a check in the amount of $75.00 for fees incurred in the requested petition for zoning classification. Trustee Huxhold moved the board accept said documents. Trustee Rueckel seconded the motion and it was unanimously carried. President Farrington stated that at a previous meeting a request was made that he write a letter to Buffalo Utility Company offering to purchase same. He read a letter dated October 23, 1963 which he had written to the Utility Company (Doc #200). He then read the reply from Buffalo Utility (Doc.#201) dated November 7, 1963 requesting a meeting with representatives of the Village, the Village Attorney, and principals of the Buffalo Utility Company in the offices of John Vander Vries of Chapman and Cutler on November 15, 1963 at 10:00 A.M. President Farrington stated the invitation is extended to any board member. President Farrington stated he had been in contact with Mr. George Moser concerning the promise to deed over 71 acres in Unit 7. Mr. Moser stated he will write a letter reaffirming his intentions and also, as before, the Village will have use of the farm house west of the Pro Bowl. Discussion following was concerned with the forms that the Municipal Justice must fill out in reference to the Village providing a court room. It was general agreement that it would be very costly for the Village to provide a court room. It was suggested that perhaps the farmhouse would be useable for that purpose. President Farrington stated the farmhouse would be inspected over the week-end and the forms filled out accordingly. President Farrington then stated that there is a hearing scheduled for the pre- annexation agreement with Glen Grove on November 19th. There are a great many areas that must be resolved. He asked that all ideas be incorporated and given to the attorney for incorporation into the agreement. The following points were discussed: 1. Owners of the property should be more definitely described before the agreement is executed. Mr. Raysa stated this was a legal pre-requisite. 2. Legality of including in pre-annexation agreement areas already incorporated in the Village was questioned. Mr. Raysa stated he saw no reason why it could not be included since the owners were changing their position as well as the village changing theirs. Trustees concurred that this could be left in. 3. Reference is made to property set forth in Zrxhibit A. Provisions should be made covering the possibility of what happens if certain areas marked "not included" but shown subdivided and platted do not actually become included. Street pattern should be realigned or there would be many dead-end streets. A majority of the board concurred that an alternate plat should be submitted and incorporated as part of Exhibit A. 4. Status of the 27 acres reserved should be clarified. It was the general concensus of opinion that this land should be "dedicated-Donated". 3 5. Clarification of adequacy of storm sewers was discussed. Village Engineer felt the storm sewer was inadequate when Unit 6 was developed. Mr. Hooper quoted from his letter of September 1, 1960 regarding the storm sewer and was directed to re-evaluate the situation. 6. Trustee Frank did not like the implication of paragraph 9. He stated Glen Grove is inducing the Village to accept them. Mr. Raysa stated this could be reworded. Li 7. Glen Grove stated to the Plan Commission that homes would be in the 622,000 bracket. Since an appreciable decrease would affect the tax structure and income to the schools and village, Trustee Frank asked that the pre-annexation agreement include a statement that the average sales price of homes would be approximately 22,000 dollars. E . Dedication of public lands, particularly school sites should be "tied down tighter". Lands should be given immediately upon final approval of each unit. A statement that the 7 acres of land abutting the present park be donated upon initial annexation should be included. 9. Inclusion of section on "validity" was discussed. Mr. Raysa thought it unnecessary but stated he could include it if it were desired. 10. Tap-on fees were discussed. General agreement was to include a statement that we reserve the right to set a tap-on fee that is reasonable under the circumstances. 11. Zoning of the small parcel of land called out as Civic Center was questioned. Suggestion was "special use - Civic Center". Because of the desirability of the land, it was agreed that the land set aside as Civic Center should be dedicated to the Village. 12. On page five, paragraph six, last sentence, the words "of each individual unit" were to be added after "Upon completion" 13. Inclusion of the new building code is desired. Mr. Raysa did not think they would accept a new code if it were not already adopted, but he would insert such a statement. 14. Improvement of Checker Road was discussed. Glen Grove should not have to bear the cost of improving the entire road. Perhaps, since it would be a major artery, it could be included under MI or Special Assessment. 1$. Screen planting and road alignment were discussed. It was the general agreement of the board to incorporate the Plan Commissionts recommendations found on page 5 of their Planning sub-committee recommendation. 16. Provisions for increase in building permit fees was questioned. It was decided that the increase should not be necessary if it were not needed for operating expenses. Decision was deferred pending the Building Commissioner's estimate of increase in operating expenditures. 17. A covenant is desired to gaurantee that the golf course will be built and not something that is not desired. 18. Letter of credit was again discussed. A sample will be requested and attached as "Exhibit B". It will be alternate to provisions in the sub regs. s % 4 19. In the event a municipal utility is established and the municipality is obligated to retire bonds and the building does not proceed at a rate anticipated, a statement should be included that bond holders agree to forgo any interest. Reason - so that water rates would not have to be increased. Mr. Raysa stated he did not think Glen Grove would agree to such a statement, nor could the bonds be sold to the public with such a provision. 20. Density of apartment buildings will be written in so that they will not exceed 10 to 12 units per acre. This was an estimate given to the Plan Commission by Glen Grove representatives. In all probability the improve- ment of Arlington Heights Road will be discussed with the County. Trustee Weiskopf stated he had received an article from the Attorney stating that MFT funds may be used to repair (maintain) sidewalks within the right of way. Trustee Marsh stated that a variation had been granted for a fence on Buffalo Grove Road conditioned upon removal of the fence when the Model Homes were no longer model homes. He wished to refer the matter to the Public Improvements Committee. A letter will be written to the owner asking him to remove the fence. Trustee Rueckel asked Trustee Marsh the status of the committee to obtain a fulltime policeman. Trustee Marsh stated he had not been able to secure a quorum to set the final stages. Trustee Rueckel stated he could find no reason for the delay since the safety of the people in the Village was at atake. He suggested the members of the Committee be changed if it is so impossible to get them together. Trustee Marsh stated it would be 2 weeks before he could meet with the Committee. NEW BUSINESS President Farrington read Resolution R-63-13, designating depositories for the MFT Fund. Trustee Racette moved the Resolution be adopted. Trustee Weiskopf seconded the motion and it was unanimously carried. President Farrington stated we are in receipt of the audit report of MFT Funds (Doc. #202) which is on file for public scrutiny. The bids for a Police Car thus far received were turned over to the Village Clerk to hold for one week until other bids arrive and will then be referred to the Police and Safety Committee for their recommendation. Their recommendation will be accepted at the next general board meeting. President Farrington stated we are in receipt of the 1964 vehicle tags. Since there was some error, Trustee Weiskopf is to contact Grafco for an adjustment. It was unanimously agreed that the tags "go on sale" on December 1st. Places of sale will be the Village Clerk's Office and the Dunhurst Currency Exchange. President Farrington then appointed the following to the Volunteer Fire Department upon the recommendation of the Health and Safety Committee: Thomas G. Hill Clifford E. Burmeister G. Fred Porter Peter G. Johnson David A. Feiereisen S 5 Trustee Racette moved the appointments be approved. Trustee Huxhold seconded the motion and it was unanimously carried. Thereupon President Farrington appointed Matthew Katrinak Regular Reserve Officer, having completed his probationary period. Trustee Marsh moved the appointment be approved. Trustee Racette seconded the motion and it was unanimously carried. Trustee Marsh stated that the first group of policeman has completed their LI Advanced First Aid Course and have their cards. John Schmalzer of the audience was recognized and stated that he had observed a man-made construction blocking the creek near the Utility. It was referred to the Public Improvement Committee. There being no further business, Trustee Huxhold moved the meeting adjourn to November 14th at 8:00 P.M. at the Alcott School. Trustee Weiskopf seconded the motion and it was unanimously carried. Village Cler S7(-