1983-12-05 - Village Board Regular Meeting - Minutes 6314
12/5/83
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, DECEMBER 5, 1983
President Clayton called the meeting to order at 7:34 P.M. Those CALL TO ORDER
present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal, Stone, O'Reilly, Hartstein, Glover and Reid.
Also present were: William Balling, Village Manager; William Raysa,
Village Attorney; James Doyle, Assistant Village Manager; William
Brimm, Finance Director; Gregory Boysen, Director of Public Works;
Raymond Rigsby, Superintendent of Public Works, Richard Kuenkler,
Village Engineer; James Truesdell, Village Planner; Police Chief
McCann; and Paul Kochendorfer, Village Treasurer.
Moved by O'Reilly, seconded by Reid, to approve the minutes of the APPROVAL OF
November 21, 1983 Regular Meeting. Upon roll call, Trustees voted MINUTES
as follows:
AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
ABSTAIN: 1 - Stone
Motion declared carried.
Mr. Kochendorfer read Warrant #515. Moved by O'Reilly, seconded WARRANT #515
by Glover, to approve Warrant #515 in the amount of $294,625.52
authorizing payment of bills listed. Staff answered a question
from the Board regarding the Warrant. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
j Trustee Hartstein brought to the Board's attention the proposed BONDS
limit on the use of bonds pending in Congress, and urged that the
Board oppose this legislation. President Clayton suggested that a
resolution to that effect be prepared.
Mr. Balling noted that there is close to $48,000 in IRMA premium IRMA
credits being returned to the Village as a result of favorable
loss experience.
Mr. Balling stated that the Golf Course Food and Bar Lease will GOLF COURSE
be brought before the Board on December 19, 1983. FOOD & BAR
LEASE
Mr. Balling referred to the memo recently sent to the Board DEVONSHIRE
regarding final acceptance of the Devonshire Subdivision. He SUBDIVISION
stated that it is possible to have all of the lots built out, and
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have all of the punch list items taken care of, and have all
of the past-due charges paid, but there is still an issue relating
to the final acceptance of the subdivision. The Village does not
accept subdivisions without a one-year maintenance bond; however, in
this case, the Village has been unable to secure such a bond from
the former owner of the property, and neither of the present builders
have indicated a desire to place a blanket performance bond of 15%
of the site improvements on the entire subdivision. Staff has
reviewed the subdivision, and thinks that it is in good shape.
The improvements have been completed for some time. Mr. Balling
stated that the Village does not want to set a precedent for accepting
subdivisions without maintenance bonds, but in this instance, the
Village does not have a party to look to to post such a bond. Staff
would like some acknowledgement from the Board that the Devonshire
subdivision stands as a completed subdivision. The original bonds
posted on the project were Unity bonds, which became First Charter
bonds, which became some other bonds, and the bonds simply lapsed
and the Village was unable to renew the bonds for the remaining
8 units on the site because the developer left town and went out
of business. The original owner of the site would be responsible
for posting a maintenance bond; the original owner is Louis Shassian,
who is unable to be found. Mr. Balling does not see a problem with
not getting the maintenance bond because the subdivision is in very
good shape. The improvements were put in well and meeting standards;
it is really more of a technicality. Some improvements are going on
their fourth year of completion.
Trustee Hartstein stated that he is concerned because this situation
can create a real problem as to responsibility. Mr. Hartstein thinks
there must be a loophole which needs to be closed in the Village
process for requiring bonding to avoid this problem. The original
bonds should not be released until such time as subsequent bonds to
adequately replace them have been tendered.
Mr. Raysa stated that this was a one-time gap, and the procedure now
is that there is an expiration date, but the expiration date does not
run until the Village receives a certified, return-receipt letter 35
days prior to the end of the termination of the Letter of Credit or
bond. If that is not received, the bond, by its own terms, goes on
forever.
Trustee Hartstein thinks that a condition for the release of the
original bond should be the posting of a maintenance bond.
Trustee Marienthal stated that staff should find out if the original
developer was incorporated and if he has filed bankruptcy; and he
also thinks that the financial institution should be checked as to
their responsibility for a maintenance bond. Mr. Raysa stated that
he does not believe there is a need for a maintenance bond at this
point in time.
Mr. Balling suggested that the direction which might be most palatable
to the Board would be to authorize him not to invoice out any snow and
ice control for 1984/85, and have him report back to the Board in
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December, 1984, with an itemized list of any work which the
Village needed to perform as a result of defects on that system,
and then assume that the Village would take care of any defects
which occurred, and would also give the Board an opportunity to
see what the magnitude of the improvements would be over a 12-
month period.
Moved by O'Reilly, seconded by Hartstein, to authorize the
Village Manager to not bill for snow and ice control in the Devon-
shire Subdivision for 1984/85; and have the Village Manager report
back to the Board of any cost involvement in December of 1984.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
PASS: 1 - Reid
Motion declared carried.
President Clayton asked if there were anyquestions from the QUE
STIONS
Q STIONS
audience. There were none. FROM THE
AUDIENCE
Trustee Hartstein explained the proposed Abatement Ordinances, ORDINANCE
stating that the sum total of these abatements will allow the #83-52
Village to reduce its Village-wide levy rate from 2.5838 per
$100 assessed equalized valuation to 1.7539, which compares
with the 1982 rate of 1.9891.
Moved by Hartstein, seconded by Stone to pass Ordinance #83-52,
abating a portion of the taxes levied for the Municipal Building
Bonds to construct the Municipal Building for the Village of
Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Hartstein, seconded by Marienthal, to pass Ordinance ORDINANCE
#83-53, abating the taxes levied for the installation contract #83-53
to purchase the Buffalo Grove Golf Course. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Hartstein, seconded by O'Reilly, to pass Ordinance ORDINANCE
#83-54, abating the taxes levied for the Corporate General #83-54
Obligation Bonds - Series 1981, with the following change:
The 5th line should read: "for the advance of funds to the
Northwest Water Commission as follows:"
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
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Moved by Hartstein, seconded by O'Reilly, to pass Ordinance ORDINANCE
#83-55, abating the taxes levied for the Corporate Purpose General #83-55
Obligation Bonds - Series 1982, with the following change:
The 5th line should read: "the additional advances of funds
to the Northwest Water Commission, along with capital con-
struction in the Village of Buffalo Grove as follows:"
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Hartstein, seconded by Marienthal, to pass Ordinance ORDINANCE
#83-56, abating the taxes levied for the Corporate Purpose #83-56
General Obligation Bonds Series 1982-A. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Bill Johnson made a presentation regarding the Johnson JOHNSON
Property East. Mr. Johnson stated that this property consists PROPERTY
of approximately 150 acres bounded on the West by the Soo Line EAST
tracks, on the North by the Inverarry Subdivision, on the South
side by Lake-Cook Road, and on the East side by the Des Plaines
River. The property is divided into 4 separate parcels as follows:
A. Approximately 40 acres; they are petitioning for R-9 zoning;
the parcel is very long and narrow (approximately 300' wide)
running from Milwaukee Avenue on the East side to the Soo Line
tracks on the west side.
B. Approximately 50 acres in size; they are petitioning for I
zoning; it is bounded by the Soo Line tracks on the West side,
by the Chevy Chase Golf Course on the East side, and Lake-Cook
Road on the South side; there is approximately 6 acres set aside
within this piece for a detention basin.
C. Encompasses Buffalo Grove's B-3 zoning category; basically runs
along Lake-Cook Road on the South side and along the Golf Course
and the subdivision on the North side; existing detention basin
has already been placed in the central part of the parcel and
should be sufficient for any storm water detention.
D. Approximately 3 to 4 acres with some frontage on Milwaukee
Avenue; they are asking for B-1 zoning.
Trustee O'Reilly asked if this property had been annexed to the
Wheeling Park District; Mr. Johnson replied that it has been as a
condition of the sale of the Chevy Chase Golf Course. In answer
to a question from Trustee Marienthal, Mr. Johnson stated that the
B-3 zoning does not close the door to a large portion of that
property being used for office.
Moved by Stone, seconded by Hartstein, to refer the Johnson
Property East to the Plan Commission.
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Mr. Balling pointed out that the plan review fees have been paid,
the mylars and the linens of the plats have been executed and
submitted along with the plats of annexation and the evidence of
ownership. The Village does have the plat of annexation for the
Edison property, but does not physically have the petition.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Kuenkler stated that the Village has extended the deadlines COMMONS OF
on Farrington Drive and some of the parks, and stated that the BUFFALO GROVE
deadlines are realistic. In answer to a request from the Board, UNIT I
the situation will be reviewed in March or April to make sure
that the work is moving along as it should, and a report will be
made to the Board.
Moved by Stone, seconded by O'Reilly, to approve the Development
Improvement Agreement for the Commons of Buffalo Grove, Unit I.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to approve final acceptance NORTHWOOD
for Northwood Grove, Units 1A, 1, and 3, subject to the three items GROVE
in Mr. Kuenkler's memo of December 1, 1983, and subject to a UNITS 1A, 1,3
maintenance bond which is acceptable to the Village Attorney. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Jerry Pfeffer reviewed the Enkamat which he proposed to use HIDDEN LAKES
in lieu of the 18" stone on the shoreline. Mr. Pfeffer stated PHASE II
that this substance will look like grass; Mr. Kuenkler stated
that he believes the Enkamat will be just as effective as the
stone, and stated that he is comfortable with using this material.
Mr. Pfeffer stated that this ma
terial will prevent erosion along
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the shore of the lake. In answer to a question from Trustee
O'Reilly, Mr. Pfeffer stated that he anticipates turning these
lakes over to the Homeowner's Association toward the end of
Phase II, which would be sometime in 1985. Regarding liability,
Mr. Raysa stated that the Village is covered on this improvement
as long as they hold the bond. Trustee Marienthal stated that
this might be something that staff could look into with regard
to bank stablization of Buffalo Creek. Mr. Balling stated that
the engineers have started an investigation of same.
Moved by Stone, seconded by Glover, to approve the developer's
request to use the Enkamat in lieu of the stone for the shoreline
protection. Upon voice vote, the motion was unanimously declared
carried.
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Mr. Balling explained the additional $970.00 over the estimate,
and noted that it could be covered within the context of the
budget, and recommended that the Board award the bid to Mel-O-
Air Heating.
Moved by Hartstein, seconded by Marienthal, to award the bid GOLF COURSE
for removal and replacement of the Golf Course Club House Heating CLUB HOUSE
and Air Conditioning Unit to Mel-O-Air Heating Company of Wheaton, (Heating and
Illinois in the amount of $6,970.00. Upon roll call, Trustees Air Condi-
voted as follows: tioning Unit
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Hartstein, seconded by Reid, to give authorization to 1984 CENTRAL
bid the 1984 Central Garage Fleet Replacement as outlined in GARAGE FLEET
Mr. Rigsby's memo of December 1, 1983. REPLACEMENT
Lengthy discussio
n followed on the necessity of "luxury" items
on the staff cars; this discussion included front-wheel versus
rear-wheel drive, deluxe interiors, the size of the cars, the
make of the cars to be bid, and the desirability of adding the
two Buffalo Grove dealers to the bidder's list. It was the desire
of the Board that the specs be rewritten. Moved by Glover, seconded
by Marienthal, to table this subject. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton asked that Trtustee Glover be consulted when
the specs are redrawn.
Moved by Hartstein, seconded by Stone, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 9:35 P.M.
eµt sicy -
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS )9 4- DAY
OF9,W111 , 1983.
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j Village President