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1977-12-05 - Village Board Regular Meeting - Minutes 5127 12/5/77 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, DECEMBER 5, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. In the absence of the President, the Clerk called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the Flag. The Clerk called the roll and found the following: 9 PRESENT: Trustees Bogart, Marienthal , Keister, Stone, Mendenhall President Fabish arrived at 7:50 P.M. ABSENT: Trustee Rech Also present were William Balling, Village Manager; William Raysa, Village Attorney; Thomas Fennell , Director of Planning and Development; Arnold Seaberg, Consulting Engineer; and William Sommer, Administrative Assistant. President Pro Tem Moved by Marienthal , seconded by Keister to appoint Trustee Bogart President Pro Tem in the President 's absence. Upon voice vote, the motion passed unanimously. 1 . Minutes of November 21 , 1977 Moved by Keister, seconded by Marienthal to approve the minutes of the regular meeting held November 21 , 1977, as published. Upon roll call , the vote was : AYES: 5 - Bogart , Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. 2. Warrant #371 Moved by Mendenhall , seconded by Keister to approve Warrant #371 , in the amount of $191 ,467. 18, as presented. Trustee Marienthal referred to the expenditure, in the amount of $145.88, under Club House Operating to Illinois Bell Telephone for November telephone service. He felt this amount was excessive and requested Mr. Balling to check into it. Upon roll call , the vote was : AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. 5128 12/5/77 3. President 's Report School District #102 President Pro Tem Bogart reported that at the Plan Commission meeting of November 30, 1977, School District #102 extensively discussed their financial problems. He hoped the Village could help District #102, but he felt the Village has to insure payments for Well #6. He did not feel the Plan Commission should be reviewing the financial problems of District #102. Based upon �./ District #102 's comments , he requested this item to be placed on a workshop agenda for the Village Board to decide their philosophy on density. 4. Trustee Report Youth Commission Trustee Bogart reported there will be a Youth Commission meeting on Wednesday, December 7, 1977, at 8:00 P.M. at the Village Hall . Indian Trails Library District Trustee Mendenhall announced there will be a meeting with the Indian Trails Library District on Wednesday, December 7, 1977, at 7:00 P.M. , at the library in Wheeling. Agenda items will be 1 ) the library district 's last referendum, 2) location of the new library, and 3) future library district referendum. Home Rule Committee Trustee Stone announced there will be a meeting of the Home Rule Committee on Tuesday, December 6, 1977, at 8:00 P.M. , at the Village Hall . Dan Lauber, senior planner from the Department of Local Government Affairs, will be guest speaker. President Fabish arrived at this time. Village Board Meetings Upon staff recommendation, it was moved by Bogart, seconded by Mendenhall to cancel the regularly scheduled workshop meeting for December 27, 1977, because of the holidays. Upon voice vote, the motion passed unanimously. Upon staff recommendation, it was moved by Marienthal , seconded by Bogart to reschedule the regularly scheduled meeting of January 2 to January 3, 1978, due to the holidays. Upon voice vote, the motion passed unanimously. School District #102 Trustee Marienthal stated that at the last Plan Commission meeting, School District #102 objected to a development because of the tax impact on their district. He noted that this development will not have the tax impact that other developments of greater magnitude had, and District #102 did not attend the meetings at which those developments were considered nor did they object to them. He felt the Plan Commission should concern themselves with the land plan and the economics of the development should be left to the Village Board. 5129 12/5/77 R.T.A. Gasoline Tax Moved by Marienthal , seconded by Bogart to direct the Village Manager to prepare a resolution opposing the R.T.A. 5% gasoline tax. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. The resolution will be placed on the December 19, 1977, agenda. 5. Village Manager's Report Temporary Signs Mr. Balling stated that enforcement of removal of temporary signs on public rights-of-way will commence on December 12, 1977. He said he had initiated a thorough public information program. He said the Village has received authorization from all adjacent governing agencies to enforce the regulation on rights-of-way, under their jurisdiction, in and about the Village. Trustee Bogart stated that he will be attending the Appearance Control Commission meeting on Thursday, December 8, 1977, to present his proposal for permanent signs to advertise civic organization activities. 6. Questions from the Audience There were no questions from the audience. 7. Consent Agenda Ordinance #77-65 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-65, MUNICIPAL SERVICE OCCUPATION TAX. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. Resolution #77-64 Moved by Mendenhall , seconded by Stone to pass Resolution #77-64, a bank resolution changing authorized signature on disbursement account from Richard Glueckert to William Balling. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. 5130 12/5/77 Resolution #77-65 Moved by Mendenhall , seconded by Stone to pass Resolution #77-65 establishing the Bank of Elk Grove as an additional authorized depository. Upon roll call , the vote was: AYES: 5 - Bogart , Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. 1977 Audit Moved by Mendenhall , seconded by Stone to accept the audit reports submitted by Peat, Marwick, Mitchell and Company for May 1 , 1976, through April 30, 1977. Upon roll call , the vote was : AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. Emergency Water Plan and Water Conservation Plan Moved by Mendenhall , seconded by Stone to accept the Buffalo Grove Emergency Water Plan and Water Conservation Plan as prepared by staff. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. IMRF Moved by Mendenhall , seconded by Stone to appoint Verna Clayton the authorized I .M.R. F. agent. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. 8. Ordinances, Resolutions , Proclamations Ordinance #77-66 Moved by Keister, seconded by Mendenhall to pass Ordinance #77-66, AN ORDINANCE ABATING TAXES FOR THE CONSTRUCTION OF PUBLIC WORKS BUILDING. Upon roll call , the vote was : AYES: 5 - Bogart , Marienthal , Keister, Stone, Mendenhall 5131 12/5/77 NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. Ordinance #77-67 Mr. Balling stated that Ordinance #77-67, AN ORDINANCE ABATING A PORTION OF THE TAXES LEVIED FOR THE INSTALLMENT CONTRACT TO PURCHASE THE BUFFALO GROVE GOLF COURSE, contemplates a levy spread of $55,000.00 and a total abatement of $64,900.00. He said that $30,000 of the $55,000 is consistent with the Village Board's stated policy related to the golf course acquisition in December, 1976, and satisfies the target numbers for 1978, and $25,000 of the $55,000 is a staff recommendation to address the concern raised in the auditor's management letter. Strategy of the staff recommendation is that a nominal sum of the debt service be spread and collected over a four year period to accumulate a sum total of $100,000 by 1982 to satisfy concerns raised by the auditors. He said that Trustee Rech concurs with this approach. During the discussion that followed, it was noted that the working cash fund and other corporate funds could sustain any payments on the golf course that would have to be made. Trustees were in agreement that this levy should be in the amount presented at the time of the referendum. Moved by Bogart, seconded by Mendenhall to pass Ordinance #77-67 with Section 1 changed to read "The County Clerks of Cook and Lake Counties are hereby author- ized and directed to levy only $30,000.00 and abate and not spread the sum of $89,900.00." Mr. Balling noted that a $30,000 spread will result in a reduced rate per homeowner because the base was spread on an $80,000,000 assessed valuation and the Village presently has $83,000,000. Trustee Keister stated that presentations prior to the referendum represented that $30,000 would be the maximum levy for this year. Mr. Balling stated that if there is a poor revenue year, the abatement would have to be decreased. Upon roll call , the vote was : AYES : 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. Ordinance #77-68 Moved by Stone, seconded by Bogart to pass Ordinance #77-68, AN ORDINANCE AMENDING ORDINANCE NO. 77-17 (VEHICLE LICENSE) AS AMENDED. This Ordinance provides that no vehicle sticker would be required for a leased vehicle registered to Buffalo Grove if the lease has a right of purchase, the vehicle is not garaged in the Village, and proof of purchase of any municipal license is made to the Village Clerk. Upon roll call , the vote was : AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall NAPES : 0 - None ABSENT: 1 - Rech Motion declared carried. 5132 12/5/77 9. OLD BUSINESS Green Knolls Units III and IV David Addis , attorney representing Raymond Green , stated that 14 weeks ago engineering plans for Green Knolls Subdivision were submitted to the Village for review and approval . He said they understood from Mr. McCoy that the plans were at a point of acceptance and they expected approval , but now Mr. Seaberg has requested a few changes. Mr. Addis felt these changes could be made within a few days. Mr. Balling stated the engineering plans have not received final engineering approval . However, he felt the documents could be considered by the Board by utilizing a covenant if recording of the final plat is contemplated prior to final engineering approval . One of two approaches could be used, 1) accept the final plats of subdivision for Green Knolls III and IV subject to final engineering and record the plats immediately, in which case it would be required to record a covenant which would supersede the signature of the Village Engineer to give the Village a safeguard until final engineering drawings have been received, or 2) approve the plats subject to receipt of final engineering and hold recording administratively until receipt. Both Mr. Balling and Mr. Addis preferred the second approach. Mr. Seaberg stated that a month ago he and Mr. McCoy reviewed engineering plans for the entire subdivision after which Mr. McCoy discussed changes with the developer. He said that he has reviewed the north portion of the revised plans and except for some drainage problems , other technical problems and details can be worked out readily. He said the Board will have to make a decision with regard to flow of the storm water drainage. He offered three alternatives for the northeastern portion , 1) require two small detention facilities , 2) require temporary detention facilities until the property to the east of the development is developed, or 3) require drainage to the regional detention facilities on the Wagner parcel or on the Green Knolls park site. He then reviewed drainage for the remainder of the property. In response to questions from President Fabish, Mr. Seaberg stated that engineering review and approval on the north portion should be complete this week but he was not sure when the south portion would be complete. However, he said the final plat will not change. It was noted that Green Knolls Unit I and II were approved with certain conditions on November 21 , 1977. Mr. Seaberg stated that he is not completely satisfied with the detention area on the park site which is located in Unit I . In response to a question from Trustee Keister, Mr. Seaberg stated that engineering plans will have to be changed to show elimination of lots 196, 197, and 198 for the street connecting with the Carley property. Mr. Addis stated that they have come to an agreement with Mr. Carley with regard to these lots, but they did not want their final plat to reflect deletion of the lots. Instead, they preferred a plat of re-subdivision at that time because one of the lots would be on both Green Knolls and Carley. Trustee Keister asked the reason the developer cannot wait for engineering approval to have their final plats approved. Mr. Addis stated that they are in a very tight and difficult financing and legal situation as a result of the time it has taken to obtain approvals. 5133 12/5/77 Mr. Addis stated that the third alternative for drainage presented by Mr. Seaberg is consistent with their engineer's design. He felt that they are in fundamental agreement with Mr. Seaberg 's comments. Mr. Seaberg stated that his main concern is the matter of drainage to the park area and explained his reasons. Mr. Addis stated that the park area has been discussed at length in the past, and the plan that has been approved (Exhibit C) was also approved by the Park District. Mr. Addis was concerned that Unit I is still in question. He said they were under the impression that it was ready for recording. He said Unit II cannot be recorded until they have title. He explained that the Village presently holds title because it is the old park site, and the exchange cannot take place until the easements are approved. Moved by Keister, seconded by Mendenhall to approve the final plat of sub- division for Green Knolls Unit III in accordance with Plan Commission Exhibit #327-7, and direct the Village Clerk not to record the plat until engineering has been approved and until engineering fees and project improvement guarantee bonds are received. In response to questions, Mr. Raysa stated that he prefers the motion as it stands instead of opting for a covenant. Discussion took place with regard to lots 196, 197, and 198. It was decided that if the plat is approved, building permits should not be issued for these lots until the Carley matter has been resolved. In response to questions, Mr. Seaberg stated that if the park area were not included in Unit 1 , he could approve Unit 1 now. Mr. Addis stated that their original Unit I did not include the park, but it was changed at Mr. McCoy's request. Mr. Addis stated that if the engineering on the park site is found to be deficient in some way, it will be changed. Upon roll call , the vote was : AfES: 5 - Bogart , Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. Moved by Keister, seconded by Bogart to approve the final plat of subdivision for Green Knolls Unit IV in accordance with Plan Commission Exhibit #327-8 and direct the Village Clerk to hold recording until final engineering is approved. Upon roll call , the vote was : `� AYES: 5 - Bogart , Marienthal , Keister, Stone, Mendenhall NAYES : 0 - None ABSENT: 1 - Rech Motion declared carried. 5134 12/5/77 Discussion took place regarding the recording of the final plat of subdivision for Unit I . Mr. Balling explained that the Board approved this plat on November 21 , 1977, and the plat was not executed by the former Village Engineer. The matter of the plat being executed by the Village Engineer contemplates his review and analysis of that plat. The principle concerns are in the non-buildable areas of the drainage area. To proceed at this time would assume that Mr. Green would make any and all changes to the engineering plans that would be necessary and recommended by the Village. If the plat were executed and recorded with that proviso, permits could be issued on selected lots and the final engineering could be resolved on the grading and drainage. Raymond Green agreed to this proviso. Recognizing the fact that the developer has agreed to make anychanges within 9 9 P 9 9 reason subject to engineering review, it was moved by Keister, seconded by Mendenhall to direct the Village Clerk to record the final plat of subdivision for Green Knolls Unit I . Mr. Raysa suggested that a letter of intent be obtained from the developer agreeing to make changes in engineering as required by the Village Engineer using reasonable engineering standards. Mr. Addis agreed to submit such a letter. Upon roll call , the vote was: AYES: 5 - Bogart , Marienthal , Keister, Stone, Mendenhall NAYES : 0 - None ABSENT: 1 - Rech Motion declared carried. Mr. Addis asked if the Board could pass on the deed so that Unit 2 could be completed. Mr. Raysa stated that the Board already has passed a resolution to convey the property. He said the deed is sitting in escrow, and he is waiting on the engineering department to review the easements from Outlot A across Lot 24 and vacation of some of the easements. When this is done, the deed will be conveyed. 9:30 P.M. - The President declared a recess. 9:45 P.M. - The meeting resumed. 10. NEW BUSINESS Candlewood Creek Upon review, it was moved by Marienthal , seconded by Keister to refer to the Plan Commission for public hearing the petition for annexation and R-5 zoning of approximately 12 acres located east of Horatio Gardens and north of Pauline Avenue extended. Property will commonly be known as Candlewood Creek East. Upon roll call , the vote was : AYES: 5 - Bogart , Marienthal , Keister, Stone, Mendenhall NAYES : 0 - None ABSENT: 1 - Rech Motion declared carried. 5135 12/5/77 Buffalo Creek Bank Stabilization Program Mr. Balling reviewed his memo, dated December 2, 1977, regarding payment to Prepakt Concrete Company for their fabriform erosion control on Buffalo Creek performed in late 1976 and early 1977. The contract was in the amount of $19,000, authorization by the Board on October 4, 1976, was not to exceed $22,000, and amount of invoice was $23,933.40. The overage was a result of verbal authorization given to the contractor in the field by a member of the Village staff. He recommended payment of the additional $4,933.40. Dis- cussion followed. Mr. Raysa stated that the contract is for $19,000 which is the amount the Village is legally required to pay. Payment of the additional amount would be a moral question. Mr. Balling stated that the program outlined to the Village Board was accomplished. He also felt the amount of materials used could be verified. Moved by Bogart to authorize payment of $23,933.40 to Prepakt Concrete Company, $19,000 of which has been paid, subject to arranging financing. There was no second to the motion . Because he felt the Village was partially responsible for the overage, it was moved by Stone, seconded by Bogart to pay the balance of $22,000, which was the not to exceed figure, in return for which Prepakt would agree that they would consider that full payment. Mr. Balling stated that Prepakt is one of the few companies that offers the successful erosion control program. He said the Village may want to use this same type of program at other locations in the Village; therefore, he hoped that the settlement for this payment would be just and fair. Upon roll call , the vote was : AYES: 2 - Bogart, Stone NAYES: 3 - Marienthal , Keister, Mendenhall ABSENT: 1 - Rech Motion defeated. Mr. Balling was asked to notify the contractor. Public Health Service Agreement Upon review, it was moved by Mendenhall , seconded by Keister to authorize execution of the Northwest Municipal Conference Agreement for Intergovernmental Public Health Service Agreement. Upon roll call , the vote was : AYES: 5 - Bogart , Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. 5136 12/5/77 Village Engineer Trustee Mendenhall was concerned with the problems experienced with engineering review for Green Knolls. He felt the Village should hire an j engineer and planner as soon as possible. Mr. Balling stated that delays in the engineering review were in the best interest of the Village. He hoped that the matter of the Village Engineer would be resolved within a matter of weeks. 1 1 . Executive Session Moved by Bogart , seconded by Keister to adjourn to executive session to discuss land acquisition. Upon voice vote, the motion passed unanimously. Time: 10:25 P.M. 12. Adjournment Moved by Marienthal , seconded by Keister to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 11 :05 P.M. Respectfully submitted, Verna L. Clayton, Village Cl PASSED AND APPROVED this /1.2f day ofAtA414..tr.../ , 1977. rYi-e4 Village President.