1977-01-03 - Village Board Regular Meeting - Minutes 4816
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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,
JANUARY 3, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE,
ILLINOIS.
President Fabish called the meeting to order at 8: 10 P.M. Those present stood
and pledged allegiance to the Flag. The Clerk called the roll and found the
following:
PRESENT: President Fabish; Trustees Mahoney, Rech, Bogart, Carroll , Marienthal
Trustee Driscoll arrived at 8:25 P.M.
Also present were Daniel Larson, Village Manager; Richard Raysa and William
Raysa, Village Attorney; Nick Rubino, Village Treasurer; Harry Walsh, Chief of
Police; Carl Rapp, Director of Community Development; William Davis, General
Superintendent of Public Works; and Tom Fennell , Chief Inspector.
1 . Minutes of December 20, 1976
Moved by Carroll , seconded by Marienthal to approve the minutes of the regular
meeting of December 20, 1976. The following additions were made:
Page 4311 - paragraph 7 - line 7 - after "construction" add "of Well #6"
Page 4811 - new paragraph 8 added to read "Mr. Larson said items cannot be
placed on an agenda without all proper documentation prepared and all
requirements met."
Page 4812 - after the vote - add "Trustee Rech stated that the denial was
based upon the fact that this request was beyond what Village ordinances
permit , according to the Village Attorney."
Page 4813 - last sentence - add "statement" after "article"
Page 4815 - first paragraph - add "Trustee Rech asked if this question
could be postponed, but Attorney William Raysa stated that if these
properties were to be on the tax rolls this year, they would have to be
enacted during 1976."
Page 4812 - paragraph 6 - add "Trustee Carroll did not see the hardship at
that time. If the hardship was for the bedrooms , they should have been
built instead of the family room."
Page 4814 - under Muller Farm - add "Trustee Marienthal said a preponderance
l of the annexation agreements that were coming before the Board were of the
R-6 nature."
Upon roll call , the vote was:
AYES: 4 - Rech, Carroll , Marienthal , Fabish
NAYES: 0 - None
ABSTAIN: 2 - Mahoney, Bogart
ABSENT: 1 - Driscoll
Motion declared carried with changes noted.
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2. Warrant #351
Nick Rubino, Village Treasurer, presented Warrant #351 , in the amount of
$150,325.26. Mr. Larson added to the warrant, under MFT, invoices from Novak,
Dempsey and Associates, in the amount of $6,720, for the pavement evaluation
program.
Moved by Bogart, seconded by Carroll to approve Warrant #351 .
Trustee Marienthal referred to the expenditure, in the amount of $250.00, under
Revenue Sharing Fund, to Knoeppel Associates for architectural services. He
requested that this payment be moved to Buildings and Grounds because it is for
the municipal building and not the public service center.
Trustee Marienthal referred to the expenditure, in the amount of $15,600, under
Water Operating, to Keifer and Associates for Well #6. He felt this should not
be paid because there is nothing to substantiate that 40% of the study has been
done. Mr. Larson said that plans for the reservoir have been finished and plans
for the well house should be done by .January 17. Trustee Marienthal did not feel
payment should be made until the Board has seen the findings. The Board concurred
with removing the item from the warrant.
Trustee Rech referred to the expenditure, in the amount of $9,965. 14, under Water
Operating to Clark, Dietz and Associates for the water study. She felt this
item should be removed from the warrant because the Board has not seen or
reviewed any of the work. She felt the time and charges were sketchy and
requested more documentation. Mr. Larson said that he and Mr. McCoy have
reviewed the first draft of the report and sent it back with suggestions for
expansion of the report. He said the report will be ready for Board review the
first week in February. He noted that the invoice is for expenses incurred from
September 16 until October 29, 1976. Mr. Larson suggested that the item be
removed from the warrant and he would distribute copies of the draft report to
the Board. The Board concurred with this suggestion.
Trustee Dirscoll arrived at this time.
Trustee Bogart noted that the telephone bill was approximately $1 ,300 which he
felt was excessive. He requested the staff to review with the telephone company
ways of decreasing the bill .
Trustee Rech questioned the payment to Novak, Dempsey, and Associates for the
pavement evaluation program because no written report has been submitted to the
Board. Mr. Larson explained that in mid-November, the evaluation had been sub-
- mitted to the Village in the form of a computer print-out, and a written report
was submitted this date which will be presented to the Board at the next meeting.
v Mr. Rapp and Mr. Davis said the computer print-out has been useful to the Village.
Don Hart of Novak, Dempsey, and Associates , explained that the report is written
in layman 's language for a better presentation.
The motion was amended to provide for the following changes to the warrant:
1 . Knoeppel invoice charged to Building and Grounds instead of Revenue
Sharing.
2. Remove Keifer and Associates invoice ($15,600)
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3. Remove Clark, Deitz and Associates invoice ($9,965. 14)
4. Add Novak, Dempsey and Associates invoice ($6,720)
Upon roll call , the vote was:
AYES: 4 - Driscoll , Bogart , Carroll , Fabish
NAYES: 2 - Mahoney, Rech
ABSTAIN: 1 - Marienthal
Motion declared carried.
3. Questions from the Audience
There were no questions from the audience.
4. COMMITTEE OF THE WHOLE
Zale/Hoffman Group Annexation
The Board reviewed the Zale/Hoffman Group annexation agreement and made the
following changes:
1 . Page 1 - paragraph 1 - owner of property to be made a party to the
agreement.
2. Page 2 - paragraph 2 - zoning classifications to be R-9 and R-6 with
special use for PUD and B-1 .
3. Page 3 - paragraph 2 under item 4 - changed to read "It is understood
and agreed that each of the parcels contained in the subject property
shall be zoned and classified in the manner set forth below. The
subject property shall be developed in accordance with existing Village
ordinances, codes and standards unless otherwise expressly amended or
revised by this agreement."
4. Page 3 - item 4 A - to be revised by Village Attorney to provide the
maximum number of dwelling units on the 168.2 acres to be 668 as shown
on Exhibit B (plan of development) . The wording regarding the allowable
variations is to be revised.
5. Page 4 - item (2) (a) - changed to read "On corner lots where the line
of sight of the front yards of adjacent lots is unaffected, there shall
be maintained a side yard of not less than seventeen (17) feet on the
�; side of which the building does not maintain frontage." This change was
made after lengthy discussion regarding the maximum 1/3 variance allow-
able under the Zoning Ordinance, the right of the Plan Commission to
act as a zoning commission in this matter, the approximate 44 lots that
would require this variation , the need to show hardship for the variance,
and the amount of area needed at intersections to observe the flow of
traffic. President Fabish polled the Board, "Yes" indicating favor of
17' and "No" indicating favor of 25' . The poll found the following:
YES: 4 - Mahoney, Driscoll , Bogart, Carroll
NO: 2 - Rech , Marienthal
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6. Page 4 - item (2) (b) - delete the last senesce (The combined total of
the side yards shall be not less than 21 feet.)
7. Page 4 - item B - to be reworded to provide that parcel B will be in
the PUD 12 - 16 classification and that the developer must obtain
approval of a plan for the multi-family area prior to construction.
8. Page 12 - item 14 - Plan Commissioner Steve Goldspiel stated that the
Plan Commission recommended approval of the annexation agreement subject
to 1) specific mix in the multi-family housing with regard to number
of bedrooms in each unit, 2) maximum of 4 bedrooms per house in the
single-family area, and 3) comply with current building codes, specific-
ally regarding use of PVC pipe and trench footings. He said without
these conditions, the recommendation would be for denial . Lengthy
discussion followed regarding cost of PVC pipe and trench footings and
the developers willingness to pay for extra costs of inspection of same,
the Illinois Plumbing Code allowing them, whether an additional Village
inspector would be needed or if an inspection service could be used, the
Director of Community Development establishing necessary guidelines to
control installation, which method is more restrictive, and other
developers being able to use these methods.
President Fabish polled the Board, "Yes" indicating favor of permitting
trench footings for foundations, and "No" indicatingopposition. The
9 PP
poll found the following:
YES: 2 - Mahoney, Driscoll
NO: 4 - Rech, Bogart, Carroll , Marienthal
President Fabish polled the Board, "Yes" indicating favor of permitting
use of PVC pipe, and "No" indicating opposition. The poll found the
following:
YES: 4 - Mahoney, Driscoll , Bogart, Fabish
NO: 3 - Rech, Carroll , Marienthal
Trustee Carroll said her negative vote was because she did not feel
an additional inspector should be hired because he would have to be
released when this development is complete. If an inspection service
were hired, her vote would be affirmative.
After discussion, it was decided to have the staff make a presentation
on the pros and cons of trench footings and PVC pipes prior to finaliza-
tion of the annexation agreement.
9. Page 6 - item D - school site should be hydro-seeded - site to be deeded
at time of final plat approval of first phase provided the Village agrees
that engineering and grading will not be done until feasible - plat of
site given to Village
10. Page 6 - item E - permitted use of the site should be "any public use"
and developer to guarantee that soils on site are suitable for the use -
site should be hydro-seeded - site should be "rough graded" to the same
grade as adjacent streets prior to conveyance - site to be deeded at
time of final plat approval of first phase provided the Village agrees
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6. Page 4 - item (2) (b) - delete the last sentence (The combined total of
the side yards shall be not less than 21 feet.)
7. Page 4 - item B - to be reworded to provide that parcel B will be in
the PUD 12 - 16 classification and that the developer must obtain
approval of a plan for the multi-family area prior to construction.
3. Page 12 - item 14 - Plan Commissioner Steve Goldspiel stated that the
Plan Commission recommended approval of the annexation agreement subject
to 1) specific mix in the multi-family housing with regard to number
of bedrooms in each unit , 2) maximum of 4 bedrooms per house in the
1 single-family area, and 3) comply with current building codes, specific-
ally regarding use of PVC pipe and trench footings. He said without
these conditions, the recommendation would be for denial . Lengthy
discussion followed regarding cost of PVC pipe and trench footings and
the developers willingness to pay for extra costs of inspection of same,
the Illinois Plumbing Code allowing them, whether an additional Village
inspector would be needed or if an inspection service could be used, the
Director of Community Development establishing necessary guidelines to
control installation, which method is more restrictive, and other
developers being able to use these methods.
President Fabish polled the Board, "Yes" indicating favor of permitting
trench footings for foundations, and "No" indicating opposition. The
poll found the following:
YES: 2 - Mahoney, Driscoll
NO: 4 - Rech, Bogart, Carroll , Marienthal
President Fabish polled the Board, "Yes" indicating favor of permitting
use of PVC pipe, and "No" indicating opposition. The poll found the
following:
YES: 4 - Mahoney, Driscoll , Bogart, Fabish
NO: 3 - Rech, Carroll , Marienthal
Trustee Carroll said her negative vote was because she did not feel
an additional inspector should be hired because he would have to be
released when this development is complete. If an inspection service
were hired, her vote would be affirmative.
After discussion, it was decided to have the staff make a presentation
on the pros and cons of trench footings and PVC pipes prior to finaliza-
tion of the annexation agreement.
9. Page 6 - item D - school site should be hydro-seeded - site to be deeded
at time of final plat approval of first phase provided the Village agrees
that engineering and grading will not be done until feasible - plat of
site given to Village
10. Page 6 - item E - permitted use of the site should be "any public use"
and developer to guarantee that soils on site are suitable for the use -
site should be hydro-seeded - site should be "rough graded" to the same
grade as adjacent streets prior to conveyance - site to be deeded at
time of final plat approval of first phase provided the Village agrees
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that engineering and grading will not be done until feasible - plat
of site given to Village - last sentence deleted
After discussion, it was decided that the Park District could use this
site, via a lease agreement, until the Vill ge determines if it is
needed for a large water reservoir.-0-,-
11 . Page 7 - item F - green belt area to be hydro-seeded - add "for a period
of one year" to the last sentence
12. Page 8 - item A - "Substantially" was deleted
1
13. Page 8 - item 6 - the word "major" was deleted throughout - the last
sentence was deleted.
14. Page 8 - item 7 - Mr. Zale was concerned that he could build no more
than 260 units until Well #6 and reservoir are built. Mr. Larson said
the Village cannot insure water for more than 260 without it. Mr. Zale
asked that they be included in the agreement between the Village and
Centex for construction of the well and reservoir so that they will
have recourse in the event the construction is not done on time. Mr.
Raysa did not feel this should be done. Mr. Zale said he would like to
research this and discuss it prior to finalization of the agreement.
10:40 P.M. - The President declared a recess.
11 :00 P.M. - The meeting resumed.
15. Page 9 - item 8 - last sentence deleted - add "and then owners of the
condominiums and townhouses" to the end of second sentence.
Trustee Bogart asked if the Village staff will have the final decision
on what houses may be placed on specific lots based on grading and size
of the lot. Mr. Zale said that it is his understanding that the decision
will be based on grading primarily. Mr. Rapp said that the decision will
be based on grading or any other problem that might exist. Mr. Zale
agreed to this statement. Mr. Raysa said this does not need to be in
the agreement because the Village Engineer already has this authority.
16. Page 10 - Exhibit C - add "and Village Standards for development also
attached thereto."
17. Page 10 - item 10 - last sentence - add "and Lake County tap on fees"
ftwooi 18. Page 10 - item 11 - size of on-site and off-site sewers and water mains
and formula for recapture to be included. - Delete "and economically
feasible" from the last sentence.
19. Page 11 - item 12 - delete "to the extent that said provisions do not
conflict with the terms of this agreement".
20. Page 11 - item 13 (a) - site to be deeded at time of final plat approval
of the first phase
21 . Page 12 - item 14 - include 1976 Illinois Plumbing Code
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22. Page 13 - paragraph 2 - line 4 - add "and Village development standards"
23. Page 13 - item A - deleted
24. Page 14 - item H - delete last sentence
25. Page 15 - paragraph 1 - delete "public" and change "dedication" to
"acceptance"
26. Page 15 - item 16 - sentence 2 - change "may" to "shall "
27. Page 15 - item 17 - change "of" to "or"
28. Page 15 - item 18 - change "of" to "or"
29. Page 15 - item 19 - sentence 2 - change to read "Provided the parties
agree that Building permit fees may be increased from time to time
(but not more than 5% in any one year) in an amount not to exceed an
aggregate increase over the term of this agreement of 25% over the
current fee at the time this annexation agreement takes effect, as
long as said building permit fees are applied consistently for all
building permits."
30. Page 18 - item 24 - President Fabish polled the Board, "Yes" indicating
favor of the term of the agreement being 10 years with the stipulation
that after 5 years , the developer will abide by. current fees and
standards, and "No" indicating opposition. The poll found the following:
YES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NO: 1 - Rech
Trustee Rech said her negative vote was because she did not want the
agreement extended beyond 5 years.
31 . Page 18 - item 25 - to be rewritten
Trustee Bogart asked the developer if they plan to sell any part of the property
to a third party. Mr. Zale said it is a possibility, but there is nothing
definite at this time. He said if it is sold prior to the final agreement, he
would so advise the Board.
In response to a question from Trustee Bogart, Mr. Zale said that his engineer
and the Village Engineer of Wheeling have decided the best way to solve the
flooding problem on University Court is to install the pump in the lake at
the Tahoe subdivision and regrade the lake. He felt the problem should be
resolved in the next two months.
Moved by Bogart, seconded by Mahoney to table consideration of the subject
annexation agreement. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
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Because of the lateness of the hour, it was decided not to consider certain
agenda items, being (d) Ordinance granting certain rights to Honeywell Protection
Services regarding the installation of an alarm control system, (e) Police
Remodeling, and (f) Lake County CETA.
Ridgewood Subdivision
Fred Feinstein, attorney representing Centex Homes, was present to request
final plat approval or permission to complete model homes in the Ridgewood
Subdivision prior to final plat approval . He presented a letter of intent
agreeing to deliver or cause to be delivered to the Village Well #6 and reservoir.
Mr. Larson requested that discussion of final plat approval be deferred because
the letter of intent was not received until this date. He said the Appearance
Control Commission has approved the landscape plan and model homes plan, the
Plan Commission has approved the final plat , and the Village Engineer has
approved the engineering; however, they have not received final plat approval
of the Village Board. He explained that the final plat has not been presented
to the Board because the water agreement has not been consumated.
Trustee Rech did not feel the letter of intent should be acted upon this evening
because there has not been time to determine if it complies with all the require-
ments of the original agreement. Further, she did not feel the models should be
constructed prior to final plat approval .
After discussion, it was moved by Mahoney, seconded by Carroll to grant the
developer permission to�'$`with construction of the models in Ridgewood
Subdivision subject to risk in the event of failure to receive final
plat approval .
Trustee Marienthal noted that the foundation permits were granted at the
developer's risk also. At that time, the developer was advised that he could
proceed no further until the final plat was approved. Trustee Mahoney said
that the developer did not ask to construct the models at that time, and
the Board took no position to that regard.
Trustee Carroll stated that on December 20, 1976, she made the motion to deny
the request of Centex Homes for building permits to complete their model homes
because the Village had no written agreement or letter of intent regarding
Well #6. Because a letter of intent has been submitted, she was willing to
allow them to construct the models at their own risk.
Upon roll call , the vote was:
AYES: 4 - Mahoney, Driscoll , Bogart, Carroll
L./ NAYES: 2 - Rech, Marienthal
Motion declared carried.
Police Cars
William Davis reviewed his report, dated December 28, 1976, regarding vehicle
purchases. He said that since the report was written, Gage Chrysler has lost
the state purchase contract for squad cars because they could not come up with
the performance bond; therefore, Grand Spaulding Dodge was awarded the state
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contract. He recommended the Village Manager's car be assigned to the Police
Department and one of the two new staff cars be assigned to him.
Trustee Mahoney favored compact cars without air conditioning for staff cars.
President Fabish noted that for the small difference in price, there is a large
difference between a compact and an intermediate car. It was noted that an
intermediate car and air conditioning bring a better resale price.
Moved by Bogart, seconded by Mahoney to purchase 2 marked squad cars from
Grand Spaulding. Dodge at a state purchase price of $4,253 each. Upon roll
call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Moved by Marienthal , seconded by Mahoney to accept the bid of Grand Spaulding
Dodge for the Police station wagon at a price of $4,569.45. Upon roll call ,
the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Mr. Rapp stated that one of the staff cars would be assigned to him. He
requested that it be air conditioned because he must take it to construction
sites and the windows should be closed.
President Fabish polled the Board, "Yes" indicating favor of air conditioning
for the staff cars and "No" indicating opposition. The poll found the following:
Mahoney, Rech, Marienthal - yes for the Village Engineer's car and no
for the Village Manager's car
Driscoll , Bogart, Carroll , Fabish - yes for both
President Fabish polled the Board to determine if they favor compact or
intermediate cars for the staff. The poll found the following:
Compact - Mahoney, Rech, Bogart, Carroll , Marienthal
Intermediate - Driscoll
Moved by Mahoney, seconded by Driscoll to purchase 2 air conditioned Aspens at
a cost of $4,076. 10. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
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March of Dimes Birth Defects Month
President Fabish proclaimed January 1977 as March of Dimes Birth Defects
Prevention Month in Buffalo Grove.
Board Procedure
Trustee Rech requested that at the next meeting the Board consider whether
they will continue granting requests without all the proper documentation.
ft.f/ 5. Adjournment
Moved by Driscoll , seconded by Carroll to adjourn the meeting. Upon voice
vote, the motion passed unanimously.
Time: 12:35 A.M.
Respectfully submitted,
erfia L. Clayton, Village Cleik
PASSED AND APPROVED this /G' day of , 1977.
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illLa
Village resident