1978-02-06 - Village Board Regular Meeting - Minutes 5162
2/6/78
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,
FEBRUARY 6, 1978, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Fabish called the meeting to order at 7:40 P.M. Those present stood
and pledged allegiance to the Flag.
The Clerk called the roll and found the following:
PRESENT: President Fabish ; Trustees Rech, Marienthal , Keister, Stone,
Mendenhall . Trustee Bogart arrived at 7:55 P.M.
Also present were William Balling, Village Manager; William Raysa, Village
Attorney; Arnold Seaberg of Advance Consulting Engineers, Village Engineer;
Bart Delaney, Tanning Coordinator; and William Sommer, Administrative Assistant.
1 . Minutes of January 16, 1978
Moved by Rech, seconded by Keister to approve the minutes of the regular
meeting held January 16, 1978, as published. Upon roll call , the vote was :
AYES: 4 - Rech , Keister, Stone, Mendenhall
NAYES: 0 - None
ABSTAIN : 1 - Marienthal
ABSENT: 1 - Bogart
Motion declared carried.
2. Warrant #375
Moved by Mendenhall , seconded by Rech to approve Warrant #375, in the amount
of $155,734.47, with deletion of payment in the amount of $343.87, to Forces
Inc. , for repair of equipment under E.S.D.A. Fund. Upon roll call , the vote
was :
AYES: 5 - Rech, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
Trustee Bogart arrived at this time.
.�J 3. Village President 's Report
Upon recommendation of the Youth Commission, President Fabish appointed Lisa
Wedder, Karen Wessel , Cindy Miraflor, and Gina Gaudio to the Youth Commission.
4. Trustees ' Reports
Franklin Boulevard Hospital
Trustee Mendenhall reported that he has been unable to coordinate a night that
representatives of Franklin Boulevard Hospital could make a presentation to the
Board. He said that he would continue his efforts.
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Commercial Signs
Trustee Bogart reported that commercial signs continue to appear in the
rights-of-way. He requested strict enforcement with citations. The Board
concurred.
5. Village Manager's Report
Meeting Rescheduled
Mr. Balling reported that the regularly scheduled meeting of February 20, 1978,
would be rescheduled to February 21 because President 's Day is a municipal
holiday.
6. Consent Agenda
Resolution #78-1
Moved by Mendenhall , seconded by Stone to pass Resolution #78-1 , a resolution
authorizing William H. Brimm as IMRF authorized agent. Upon roll call , the
vote was:
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
Public Service Center Parking Lot Expansion
Moved by Mendenhall , seconded by Stone to accept Endurance Paving Company as
lot bidder for the Public Service Center parking lot expansion project at unit
cost bid not to exceed $24,000 pursuant to staff recommendation. Upon roll
call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
1978 Police Fleet
Moved by Mendenhall , seconded by Stone to authorize bids for the purchase of
9 or 10 Police vehicles . Upon roll call , the vote was :
AYES : 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
Golf Course Truckster/Sprayer
Moved by Mendenhall , seconded by Stone to authorize bids for the purchase of a
Golf Course utility vehicle and sprayer. Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
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7. Ordinances , Resolutions and Proclamations
Ordinance #78-7
Moved by Marienthal , seconded by Mendenhall to pass Ordinance #78-7, AN
ORDINANCE APPROVING PRE-ANNEXATION AGREEMENT AND DIRECTING EXECUTION THEREOF
BY THE PRESIDENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE (SCHWABEN) . Property
consists of approximately 8 acres located along Weiland Road approximately
600 feet south of Pauline Avenue and 1400 feet north of Lake-Cook Road. Upon
�./ roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
Ordinance #78-8
Moved by Marienthal , seconded by Rech to pass Ordinance #78-8, AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF BUFFALO GROVE (SCHWABEN) . Property
consists of approximately 8 acres located along Weiland Road approximately 600
feet south of Pauline Avenue and 1400 feet north of Lake-Cook Road. Upon roll
call , the vote was :
1
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
Ordinance #78-9
Moved by Marienthal , seconded by Rech to pass Ordinance #78-9, AN ORDINANCE
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS (SCHWABEN) . Zoning granted in the R-7
Transitional Dwelling District with a special use for a privately owned
recreation building all as set forth in pre-annexation agreement . Upon roll
call , the vote was :
AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
Ordinance #78-10
Moved by Bogart , seconded by Mendenhall to pass Ordinance #78-10, AN ORDINANCE
AMENDING ORDINANCE #62-14 BEING AN ORDINANCE CONCERNING SALARIES OF THE PRESIDENT
AND TRUSTEES. Ordinance increased the salary of the Village President to
$3,600 annually and the Village Trustees to $1 ,200 annually for those elected
in 1979. Upon roll call , the vote was :
AYES: 4 - Bogart, Keister, Stone, Mendenhall
NAYES: 2 - Rech, Marienthal
Motion declared carried.
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Trustee Rech was disappointed that the Board increased their own salary
without considering other things. She felt this ordinance would be reconsidered
prior to the 1979 election. President Fabish stated that this ordinance does
not increase the salaries of officials now holding office.
Trustee Marienthal stated that he favored an increase but not in the amount
granted. He felt it was not necessary and was out of line.
Ordinance #78-11
Moved by Bogart, seconded by Mendenhall to pass Ordinance #78-11 , VILLAGE CLERK
COMPENSATION. Ordinance increased the salary of the Village Clerk to $5,000
annually commencing April 4, 1979, for the person elected to the position on
that day. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
Trustee Rech stated that she voted in favor of this ordinance because the
Village Clerk is required to be in the Village Hall most of the time as part
of the responsibility of the position. She felt this is different than those
who serve on a part-time basis.
8. OLD BUSINESS
Home Rule
Trustee Keister briefly reviewed the Home Rule Committee report, dated
January 9, 1978, which was discussed in detail at a previous workshop session.
Recommendation of the committee was that Buffalo Grove become a home rule
community because home rule powers are a valuable tool in helping a municipality
address and solve issues and problems unique to the community. The committee
held in abeyance a specific recommendation on whether the Village should go
to referendum to attain this status because the Board would be better able to
determine planning issues.
Moved by Keister, seconded by Stone to formally accept the report of the Home
Rule Committee. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
Moved by Keister, seconded by Bogart that the Village of Buffalo Grove go
to referendum to attain home rule status, referendum to be held in conjunction
with a regularly scheduled election.
President Fabish stated that basically he is against home rule. He did not
feel the issue of a municipal fire department should be addressed in this
matter, but that it be considered as a separate issue.
Trustee Mendenhall favored home rule, but did not feel it necessary to spend
money for a referendum when the Village should reach, in the next few years,
a population of 25,000 which would give home rule status automatically.
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Trustee Marienthal felt a home rule referendum must be tied to an issue in
order to pass.
Trustee Keister felt that home rule action must be taken now so planning can
be done. He noted that no community has ever been hurt by home rule.
Trustee Rech did not feel a special referendum should be held, but should be
held with another election in the community. Trustee Keister felt this could
be done in order to save money.
Trustee Stone felt the Village has much to accomplish within the next two
years, and if something needs home rule status to accomplish it , it would be
too late for a referendum.
Upon roll call , the vote was:
AYES: 4 - Rech, Bogart, Keister, Stone
NAPES: 2 - Marienthal , Mendenhall
Motion declared carried.
Prepakt Concrete Invoice
President Fabish reviewed his memo, dated February 2, 1978, regarding a
Prepakt Concrete invoice for $4,933.40 outstanding balance. On December 5,
1977, the Board reviewed the request for payment of the additional sum, and
the decision was to decline because the work contract specified a $19,000
sum. The contractor did not agree with the decision because 1) all materials
were provided and installed in a workmanlike manner, 2) contract was in fact
a unit price contract, 3) Village was apprised in advance of contract execution
of the "unit price proposal", and 4) contractor has an arbitration clause in
contract. President Fabish asked the Board to reconsider because 1) all
materials invoiced have been installed, and 2) installation of material was
accomplished in a correct manner.
Trustee Marienthal did not feel the additional sum should be paid because
the contract was for $19,000 and because 250 over-run was too much.
David B. Cullum, Regional Representative of Prepakt Concrete Company, and George
Bradshaw, attorney representing the contractor,were present to answer any
questions. Mr. Bradshaw stated that the $19,000 was based on an estimate of
8,000 square feet, that the unit price was $1 .70 per square foot, and that the
third page of the stipulation states that if there was an over-run or an under-
run, the price would be adjusted accordingly. He said the contractor was asked
to submit a proposal based on 8,000 square feet , and after the proposal was
accepted, the contractor did the detail measurement, which was a higher figure.
Because the Village requested the work to be done as quickly as possible, the
contractor ordered the necessary material , did the work, and submitted a bill .
Mr. Cullum stated that no drawings were available on which to base his estimate,
and no one asked him for a lump sum figure. He explained the work done that
caused the over-run.
Moved by Bogart, seconded by Rech to authorize payment of the $4,933.40 out-
standing balance to Prepakt Concrete Company.
Trustee Rech noted that the payment will have to be staggered.
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Upon roll call , the vote was:
AYES: 5 - Rech, Bogart, Keister, Stone, Mendenhall
NAYES: 1 - Marienthal
Motion declared carried.
Mr. Balling stated that he would develop a financial repayment plan and report
to the Board.
Oak Creek Apartments Phase III
Trustee Keister reviewed the final plat of subdivision for Oak Creek Apartments
Phase III . He noted that the Plan Commission recommended (3-2 vote) approval
of the plat. Mr. Rodeck, developer, stated the 3-2 vote was because School
District #21 had not been contacted to determine if there was a problem with
the relocation of buildings in relation to Kilmer School . The day after the
meeting, staff contacted District #21 and found there was no problem as long
as it was verified that drainage would not effect their property and that the
area be mounded similar to the area by Oak Creek Condominiums .
Mr. Seaberg reviewed his report, dated February 6, 1978, regarding engineering
ill
review of this project. He recommended approval subject to receipt of acceptable
Project Improvement Guarantees in the amount of 110% of the estimated construction
cost of the proposed improvements.
Moved by Keister, seconded by Marienthal to approve the final plat of subdivision
for Oak Creek Apartments Phase III in accordance with Plan Commission Exhibit
#374-23 and subject to receipt of improvement bonds. Upon roll call , the
vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
9. NEW BUSINESS
Highland Park Water Transmission
Upon recommendation of the staff, it was moved by Keister, seconded by
Mendenhall to retain Keifer and Associates to conduct the feasibility study
for water transmission facilities to serve Buffalo Grove in an amount not to
exceed $7,500. The objective of the study is to analyze the alternative
sources of Lake Michigan water available to Buffalo Grove, and recommend the
most cost effective facilities that are rationally implementable.
Upon roll call., the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
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Golf Course Sand Pro
Trustee Stone reviewed a memo, dated February 2, 1978, regarding need for a
Sand Pro piece of equipment for the golf course. He noted that the staff
has requested a waiver of bid because there is only one manufacturer that
meets the required specifications.
Moved by Stone, seconded by Rech to authorize the staff to purchase one Toro
Sand Pro model #08870 for a not to exceed price of $3,150 from the Illinois
manufacturer's distributor, and waive bids. Upon roll call , the vote was :
AYES: 4 - Rech, Keister, Stone, Mendenhall
NAYES: 2 - Bogart, Marienthal
Motion declared carried.
Busch Road Venture
Trustee Marienthal reviewed the petition for annexation and R-9 zoning for
approximately 44 acres controlled by the Busch Road Venture located east of
Weiland Road, north and south of Busch Road. He noted that this property is
designated as industrial on the Master Plan .
Trustee Rech preferred not to refer this request to the Plan Commission because
of the industrial classification the Village and the County have designated for
this property. In addition, she said the concept plan submitted used the
Commonwealth Edison right-of-way as part of their open space projections.
Trustee Marienthal did not feel the Commonwealth Edison line should run through
a residential area. He noted that the concept plan shows parking lots on the
Commonwealth Edison r.o.w. , and he did not think this is permissible.
Moved by Marienthal , seconded by Rech to refer to the Plan Commission the
petition for annexation of 44 acres located east of Weiland Road, north and
south of Busch Road.
Discussion took place regarding desirable use for this property.
Upon roll call , the vote was:
AYES: 1 - Marienthal
NAYES: 5 - Rech, Bogart , Keister, Stone, Mendenhall
Motion declared defeated.
President Fabish polled the Board to determine the land use the Board felt would
be compatible for this property. The poll found the following:
Compatible with Master Plan : 5 - Rech, Bogart, Keister, Stone, Mendenhall
Compatible with Master Plan with exception of not surrounding the school
with industrial : 1 - Marienthal
Wagner Farm
The Board reviewed the request of Levitt Land for a change in plan for the
Wagner farm located on the south side of Aptakisic Road. The property was
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zoned R-9 pursuant to a land plan including cluster single family units , single
family units, and apartment/condominium units, the total of which could not
exceed 694.
Moved by Marienthal , seconded by Rech to refer to the Plan Commission the
request for a change in plan for the Wagner farm.
Bruce Johnston reviewed the concept plan which contained 90 lots for 180 duplex
units. He also displayed elevations of the proposed units.
Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
10. Executive Session
Moved by Mendenhall , seconded by Stone to adjourn to executive session to
discuss land acquisition. Upon voice vote, the motion passed unanimously.
Time: 9 :35 P.M.
Respectfully submitted,
Verna L. Clayton, Village C - rk
PASSED AND APPROVED this l day of 1978.
;;,4? /
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Village President