1978-01-16 - Village Board Regular Meeting - Minutes 5153
1/16/78
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, JAN:IARY 16, 1978, 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:
PRESENT: Trustees Rech, Bogart , Keister, Stone, Mendenhall
ABSENT: President Fabish and Trustee Marienthal
Also present were William Balling, Village Manager; William Raysa,
Village Attorney; Thomas Fennell , Director of Planning and Development;
William Brimm, Finance Director; and William Sommer, Administrative
Assistant.
1 . President Pro Tem
Moved by Bogart, seconded by Stone to appoint Trustee Rech President Pro
Tem in President Fabish 's absence. Upon voice vote, the motion passed
unanimously.
2. Minutes of January 3, 1978
Moved by Keister, seconded by Bogart to approve the minutes of the regular
meeting held January 3, 1978, as published. Upon roll call , the vote was :
AYES : 5 - Rech, Bogart, Keister, Stone, Mendenhall
NAYES: 0 - None
ABSENT : 1 - Marienthal
Motion declared carried.
3. Warrant #374
President Pro Tem Rech presented Warrant #374 , in the amount of $98,850.50.
Moved by Bogart, seconded by Keister to approve Warrant #374. During the
discussion , the following was requested:
a. Under Club House Operating - remove payment to Foot-Joy Inc. ($15. 13)
and to Duckster Sportswear ($47.95) for merchandise until items are
clarified.
b. Under Club House Operating - Mr. Balling is to prepare a report on
reason for November cart rental being $583.50.
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Upon roll call , the vote was :
AYES : 4 - Bogart, Keister, Stone, Mendenhall
NAYES: 0 - None
ABSTAIN : 1 - Rech
ABSENT: 1 - Marienthal
Motion declared carried with two items deleted.
4. President 's Report
Finance Director
President Pro Tem Rech introduced William Brimm, the new Finance Director
for the Village, and welcomed him to the Village staff.
Blood Commission Appointment
Upon recommendation of the Blood Commission and on behalf of President
Fabish, President Pro Tem Rech appointed Jean Yamin to the Blood Commission
for a term co expire April 30, 1980. Ms. Yamin will fill the vacancy created
by Midge Saidel 's resignation.
Moved by Bogart, seconded by Keister to concur with the appointment. Upon
voice vote, the motion passed unanimously.
5. Trustee Reports
Monthly Activity Report
rT ustee Mendenhall reterred to the monthly activity report for December,
1977, and was concerned with the increase in number of complaints answered
by the Police Department. He asked if there was a reason for this. Mr.
Balling stated that he would request an impression from Chief Walsh.
Vernon Area Library District
Trustee Mendenhall reported that he and Trustee Bogart attended the Vernon
Area Library District meeting because the Hoffman Group attorney was there
to request disconnection of Highland Point subdivision from the Vernon Area
Library District in order to annex into the Indian Trails Library District.
He said the library board listened to the request and informed them that
they would discuss the matter with their attorney and then make the decision.
Trustee Mendenhall stated that their interest in this matter was because they
prefer to see the Village in one library district. He felt if the Vernon
Area Library District does not permit this disconnection, the Village can
expect that they will not permit any other disconnection.
Youth Commission
Trustee Bogart reported that the Youth Commission will recommend appointment
of three additional commissioners at the regular board meeting of February 6,
1978.
Trustee Bogart reported that the Youth Commission has established full pro-
grams for each of the junior high schools and high schools that service
Buffalo Grove. Each school will elect one representative and out of these
representatives, three will be recommended for appointment to the Youth
Commission.
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Trustee Bogart stated that the Commission has established three committees,
Fund Raising, Building and Site, and Programming. The Commission will be
meeting weekly for the next six weeks. A full report regarding site for
the Youth Center will be submitted not later than the last meeting of April ,
with an interim report on February 15.
Lake Michigan Water Committee
Trustee Keister announced that on Wednesday, January 18, 1978, at 8:00 P.M.
there will be a meeting of the Buffalo Grove/Lincolnshire Intergovernmental
Lake Michigan Water Committee to be held at the Lincolnshire Village Hall .
Housing and Land Use Seminar
Trustee Rech reported that she, Trustee Mendenhall , Carl Genrich, and Bart
Delaney attended a housing and land use seminar presented by the Northwest
Municipal Conference and the Northeastern Illinois Plan Commission. She
felt it was an interesting and worthwhile discussion.
6. Village Manager's Report
Mr. Balling reviewed the Summary of Administrative Activities for the month
of December, 1977. He said the Treasurer's report will be re-integrated into
the reporting system next month. The E.S. D.A. monthly activity report will
be integrated into the February document.
7. Questions from the Audience
There were no questions from the audience.
8. Ordinances, Resolutions and Proclamations
Ordinance #78-3
The Board reviewed a draft annexation agreement, dated January 16, 1978 for
the Carley property, 40 acres located on Busch Road approximately 200 feet
east of Route 83. Christopher Carley, developer, and his attorney, Howard
Emmerman, were present to answer any questions.
President Pro Tem Rech noted that the Village Board held a public hearing
on this annexation request on November 14, 1977, and Plan Commission approval
was given on October 19, 1977.
Mr. Balling noted that it was impossible for Mr. Carley's attorney to secure
the necessary signatures on the annexation agreement for this evening;
therefore, the agreement can be authorized but not executed by the Village
until receipt of their signed copy. He stated that all corrections, re-
visions, and additions to the November 15, 1977, annexation agreement draft,
which he outlined in a memorandum to the Board, have been satisfied. He
noted that Paragraph 30A obligates the developer to acquire Lots 197-199 of
the Green Knolls Subdivision prior to final plat approval . Mr. Emmerman
stated that the contracts for this acquisition will be executed this week
and a copy will be given to the Village.
Plan Commissioner Donna Force stated that all of their concerns were
covered in Mr. Balling's memo.
Moved by Keister, seconded by Mendenhall to pass Ordinance #78-3, AN
ORDINANCE APPROVING ANNEXATION AGREEMENT AND DIRECTING EXECUTION THEREOF
BY THE PRESIDENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE (Carley) , subject
to receipt of executed annexation agreement and purchase document for lots
197-199 of the Green Knolls subdivision, and including revisions outlined
in Mr. Balling's memo, dated January 12, 1978.
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Lengthy discussion took place with regard to the bike path in the park site
which is located in the Green Knolls subdivision and the Carley property.
The Board requested Mr. Carley to extend the bike path on the portion of
the park that is on his property to connect with the bike path located on
the Green Knolls portion of the park. It was noted that at the public
hearing, Mr. Carley agreed to construct the bike path connection to his
property line only. After much consideration , Mr. Carley agreed to extend,
at his cost, the north bike path to connect with the bike path on the Green
Knolls portion and to construct the south bike path to his property line.
Mr. Raysa stated that this should be shown on the concept plan , which is
Exhibit B to the annexation agreement. Mr. Balling stated that this will
be required prior to execution of the annexation agreement.
Upon roll call , the vote was :
AYES: 5 - Rech, Bogart , Keister, Stone, Mendenhall
NAVES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Ordinance #78-4
Moved by Keister, seconded by Bogart to pass Ordinance #78-4, AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF BUFFALO GROVE , ILLINOIS (Carley) ,
subject to receipt of executed annexation agreement and purchase documents
for lots 197-199 of Green Knolls subdivision. Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Keister, Stone, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Ordinance #78-5
Moved by Keister, seconded by Stone to pass Ordinance #78-5, AN ORDINANCE
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS (Carley) . Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Keister, Stone, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Carley Preliminary Plat of Subdivision
Moved by Keister, seconded by Bogart to refer to the Plan Commission the
Carley preliminary plat of subdivision. Trustee Keister asked that the Plan
Commission be aware of the Board's request for the northerly bike path
extension. Upon roll call , the vote was :
AYES: 5 - Rech, Bogart , Keister, Stone, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
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Ordinance #78-6
Moved by Mendenhall , seconded by Keister to pass Ordinance #78-6, AN
ORDINANCE AMENDING ORDINANCE #67-1 BEING AN ORDINANCE CREATING THE OFFICE
OF VILLAGE MANAGER. This ordinance increases the spending authority without
bidding to $2,500 consistent with statutory powers.
The Board reviewed Mr. Balling 's memo, dated January 12, 1978, explaining
that effective October 1 , 1977, Section 8-9-1 , Chapter 24 of the Illinois
`./ Revised Statutes was changed to require bids for contracts in excess of
$2,500 rather than $1 ,500. Mr. Balling felt that when Ordinance #67-1 was
originally passed, the intent was to permit the bid/waiver requirement up
to the statutory maximum. He noted that administratively four proposals
are required for any purchase over $350 in operating departments.
Upon roll call , the vote was :
AYES: 5 - Rech, Bogart , Keister, Stone, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Elected Official Compensation
Moved by Bogart , seconded by Keister to table consideration of ordinances
adjusting the salaries of elected officials until a full Board is present.
Mr. Balling stated that these ordinances could be placed on the February 6,
1978, agenda. Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Keister, Stone, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
9. OLD BUSINESS
Devonshire Unit #2
Trustee Keister reviewed the final plat of subdivision for Devonshire Unit
#2. He noted that on January 4, 1978, the Plan Commission recommended
approval of this final plat subject to: 1) 25' setback side yard line
being shown on reverse corner lot #1 , and 2) permanent monuments be shown
as indicated on item "o" of the final plat approval process. Louis Shassion,
President of Devonshire Development Corporation , noted that these changes
have been accomplished.
Mr. Balling stated that the staff has reviewed the document , and with the
exception of receipt of fees and bonds , are prepared to recommend approval
of the plat subject to the Village Engineer's report.
Arnold Seaberg of Advance Consulting Engineers , Village Engineer, presented
a report, dated January 16, 1978, recommending approval of the plat subject
to 1 ) receipt of engineering and inspection fees, in the amount of $10,551 .20,
2) receipt of project improvement guarantees , 3) I .E.P.A. permit approval ,
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4) Sanitary sewer inspection fee, in the amount of $2,395.00, and 5) receipt
of project drainage and grading plans .
Albert Frank, developer, agreed to all of the conditions; however, he voiced
a protest with regard to the sewer inspection fee. He felt the $1 per lineal
foot charge was excessive because he has had to pay only $.30 per lineal
foot in the past. Mr. Seaberg stated that the fee is set by ordinance, and
the reason was to accumulate enough money to purchase a television camera
so that the Village could perform the inspection in house. After much
discussion, Mr. Balling was asked to prepare a report with regard to the
amount of money collected for this purpose. The Clerk was asked to send
Mr. Frank a copy of the ordinance.
Mr. Fennell noted that the concrete monuments shown on the document are on
the interior subdivision locations, but according to the ordinance, they
should be moved to the exterior northwest and southwest corners. Mr.
Shassion agreed to this.
Moved by Keister, seconded by Mendenhall to approve the final plat of
subdivision for Devonshire Unit #2 in accordance with Plan Commission
Exhibit 105-20 subject to the items listed in Mr. Seaberg's letter, dated
January 16, 1978 and subject to the incorporation of two additional concrete
monuments at the northwest and the southwest corners of the plat. Upon
roll call , the vote was :
AYES : 4 - Rech, Bogart, Stone, Mendenhall
NAYES : 1 - Keister
ABSENT: 1 - Marienthal
Motion declared carried.
9:30 P.M. - The President declared a recess .
9:40 P.M. - The meeting resumed.
10. NEW BUSINESS
Peters Property
The Board reviewed the annexation petition and zoning request for 2413 East
Dundee Road (Peters Property) .
Mary Schlott, attorney representing Rodger and Jeanne Peters, stated that
the contract purchasers of the property are Batler and Capitel , P.C. She
noted that this property needs to be annexed to the Village in any event
because they need a sewer and water connection.
Irving Capitel stated that they have had a law practice in the Village for
five years and would like to become a permanent part of the community by
having their own office facility. He said they plan to renovate the existing
structure into an office situation if the Village annexes the property and
gives it a special use for professional offices. A landscape architect has
advised that some of the underbrush should be removed, but the large trees
will be saved.
Trustee Bogart noted that the property is not large enough for B-1 zoning
as requested. Mr. Capitel suggested that R-1 with a special use would be
the proper zoning.
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In response to a question from Trustee Bogart, Mr. Balling stated that he
understands there is an illegal water connection on this property, and
necessary action has been taken to insure repayment. Mr. Capitel stated
that the Village has filed a lien on the property, and it is the intent
of the seller to connect in an orderly legal fashion and to pay all money
due to the Village. He suggested that the Village could be paid out of the
sale proceeds, and he would insure that the closing statement indicate funds
due to the Village. Ms. Schlott stated that her clients will pay what the
Village says they must.
In response to a question from Trustee Keister, Ms . Schlott stated that the
property is .54 acres. Mr. Raysa requested the Clerk to correct the petition
for annexation to indicate .54 acres instead of 1 . 54 acres.
Moved by Mendenhall , seconded by Keister to refer the petition for annexation
of 2413 East Dundee Road to the Plan Commission and Zoning Board of Appeals
for a joint public hearing.
Mr. Raysa was requested to prepare an opinion with regard to the proper
zoning for this property prior to the Plan Commission and Z.B.A. public
hearing.
Upon roll call , the vote was :
AYES: 5 - Rech, Bogart , Keister, Stone, Mendenhall
NAYES: 0 - None
ABSENT : 1 - Marienthal
Motion declared carried.
Mr. Capitel stated that he is a member of the Buffalo Grove Plan Commission
and that he would abstain from any action or hearings undertaken by the
Commission on this property.
Northwest Municipal Conference
Mr. Balling reviewed his memo, dated January 12, 1978, regarding the
proposed budget for the Northwest Municipal Conference for the period
May 1 , 1978, through April 30, 1979, and the increase of dues from 12
per capita to 13 making Buffalo Grove's dues $2,392.00.
Trustee Rech was concerned that another level of government was being
created. In response to questions from Trustee Rech, Mr. Balling reviewed
the duties of the transportation engineer and the librarian.
Moved by Bogart, seconded by Keister to approve the recommended budget for
the Northwest Municipal Conference and authorize Buffalo Grove's participa-
tion of dues to be an amount not to exceed $2,392.00. Upon roll call , the
vote was :
AYES : 3 - Bogart, Keister, Stone
NAYES: 2 - Rech, Mendenhall
ABSENT: 1 - Marienthal
Motion declared carried.
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Indian Trails Library District
Trustee Mendenhall reviewed his memo, dated January 16, 1978, regarding the
proposed building site for the Indian Trails Library District. He noted
that the Village has tried to encourage the district to build their facility
in the proposed Town Center, but they intend to build on their site on
Schoenbeck Road. He felt the Village should take one of the following
positions and stand behind it: 1) definite negative response to any future
referendum unless new building is placed in Buffalo Grove, 2) support any
future referendum based on proposed Schoenbeck Road site, 3) polite thank
you for your time response, 4) complete support for any future referendum,
or 5) no response. After much discussion, it was decided there would be
no official position of the Village Board.
Parking
Trustee Bogart stated that Mr. Balling has requested comments from Trustees
with regard to parking of vehicles that weigh more than 11 tons. He stated
that he did not favor the idea of an ordinance that would prohibit the
parking of recreational vehicles. He saw no reason for the Z.B.A. to
consider the subject any further.
Mr. Balling stated that Trustee Mendenhall has requested the staff to
prepare statistical information measuring impact based on vehicle sticker
records.
Trustee Rech stated that Libertyville has passed an ordinance that handles
the problems of truck and R.V. parking. She requested the staff to investi-
gate this ordinance.
President Pro Tem Rech polled the Board to determine if the consensus was
that a parking ordinance is needed. The poll found the following:
NO NEED TO CONSIDER ORDINANCE: 3 - Bogart, Keister, Mendenhall
FURTHER CONSIDER ORDINANCE : 2 - Rech, Stone
Because the vote was close, it was requested that this subject be placed
on the next agenda.
11 . 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: 10:40 P.M. The Board returned to the council chamber at 12 :10 A.M.
12. Adjournment
Moved by Bogart, seconded by Stone to adjourn the meeting. Upon voice vote,
the motion passed unanimously.
Time: 12:10 A.M.
Respectfully submitted,
Verna L. Clayton, Village Clf/k
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PASSED AND APPROVED this day of , 1978.
(12 C
Village President