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1977-01-24 - Village Board Regular Meeting - Minutes 4841 1/24/77 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, JANUARY 24, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at 8:05 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, Driscoll , Bogart, Carroll , Marienthal Also present were Daniel Larson , Village Manager; Richard Raysa and William Raysa, Village Attorney; Charles McCoy, Director of Public Works; William Davis, General Superintendent of Public Works; Carl Rapp, Director of Community Development; Tom Fennell , Chief Inspector; and William Sommer, Administrative Assistant. 1 . Minutes of January 17, 1977 Moved by Rech, seconded by Mahoney to approve the minutes of the regular meeting held January 17, 1977, as published. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. 2. President 's Report Crossings/Heritage Place President Fabish stated that at last week's meeting, there was an executive session to discuss pending litigation with the understanding from the Village Attorney that it was a proper subject for executive session . He, then, read a letter, dated January 19, 1977, from Richard Raysa stating that a recent decision (People v. Barger, 332 UE (2) 649, 30 Ill . Appl (3) 525) defines "pending" as meaning that Court papers must actually have been filed to authorize closed meeting discussions. Mr. Raysa apologized for missing this recent decision , and suggested that the discussion be made a part of the record of the Village Board at this time. President Fabish stated that the executive session discussion was regarding a stop work order issued on The Crossings and Heritage Place subvidisions because of some side-yard and rear-yard violations. The developers had advised that if the stop work orders were not lifted, they would have to file suit against the Village because the Village would be holding up a development that had been approved. Mr. Raysa said the developers had indicated to him that they had started to process a form of mandatory injunction. President Fabish said the developer felt the PUD ordinance allowed them to do what they had done, but the staff felt differently. They had been building for 12 years. The original development, approved in 1972 , was for townhouses, but was subsequently changed for single family homes . President Fabish said that he understands that side 4842 1/24/77 and rear yards have to be the same as permitted in the underlying zoning of the PUD. The developer feels that under a PUD, they are allowed variations as long as they have 12 ' between buildings. The developer feels since they have been allowed to proceed for 12 years, they should be allowed to continue. If not, they would have to pull out curbs and streets and have to build new models; therefore, they feel they have good cause for loss of money meaning a law suit to the Village. Basically, the concensus of the Board was that rather than accept a law suit in this case, that the project be allowed to continue since it had been being developed for 12 years. Trustee Rech said that she had not agreed with the majority feeling of the Board. Moved by Mahoney, seconded by Driscoll to direct the staff to issue a stop work order at The Crossings and Heritage Place and catch the law suit. Upon roll call , the vote was: AYES: 2 - Rech, Marienthal NAYES: 4 - Mahoney, Driscoll , Bogart, Carroll Motion defeated. Trustee Rech noted that the manner in which the motion was worded does not handle the entire situation. She felt this is a complicated problem which is shared by the staff, Board, and developer. She felt it can be solved only by a lot of concentrated effort by many people. Trustee Bogart agreed that the vote should not be the end of the matter. Trustee Carroll said the vote was not taken casually. She said the matter was discussed for 21 hours last week. In response to a question from Trustee Bogart, Mr. Raysa said that when any kind of a special use is put in a particular zoning district, provisions of that district are abided except where it is modified by the annexation agreement. In this case, the developer's interpretation of the ordinance and the PUD is different than the interpretation of the Board and the staff. He said the developer advised, in no uncertain terms, that they would institute an action because they have much money invested in the project and they have been allowed to build up to this point. Permits were issued based upon plats that were given to the staff that showed the alleged violations. If the work is stopped, the developer would have a cause of action against the Village, and they could recover substantial amounts of money. Trustee Marienthal felt there is a gray area regarding the amount of money spent on each lot because no buildings have been constructed on most of them. He felt this should be a decision of the court. He felt there is room for debate regarding the interpretation of the ordinance. Mr. Raysa said that even though no buildings are on the lots, it has been represented that sub- stantial amount of money had been expended in design, materials, streets, water and sewer placement , etc. Mr. Larson asked Mr. Raysa if the following procedure should be followed: of the 100 lots yet to be built upon , the staff is to proceed along the same guidelines that were originally approved by the Board, i .e. the Village Engineer is to review all homes prior to approval on a particular lot to see if there are any drainage problems, the developer will agree to install enclosed 4843 1/24/77 rear yard or side yard drainage system as deemed necessary by the Village Engineer, and there shall be a minimum of 12 ' distance between buildings. Mr. Raysa said this is the developers ' interpretation of the annexation agreement. Mr. Raysa said that part of the property was sold to another developer on the basis of that interpretation of the ordinance. Mr. Larson said that of the 60 permits issued to date, 5 are in violation of meeting the 30' rear yard requirement. The major problems will arise in the new area where no permits have been issued. Trustee Marienthal felt that since the mistake has been found, it should be corrected. President Fabish felt that would be fine, if the developer had not already begun to develop the land. In response to a question from Trustee Bogart, Mr. Raysa said that if a citizen 's suit is filed, the Village's position would be no different than it is now. Trustee Mahoney felt the Trustees have a duty to use their best judgement with regard to the assets of the Village. The Board will subject the Village to considerable damages unless the developer is permitted to finish the project as they have been building it. He said when the Village leads someone to believe his interpretation is correct by letting them build, and then changes after a large sum of money has been expended, the equities are against the Village in court. Trustee Carroll said the reason this problem surfaced was because there has been a change in staff. The previous staff had one interpretation and the current staff has another one. Trustee Rech felt that mistakes were made on both sides and the developer should share in the responsibility of this problem. She felt the Village is accepting all of it. Mr. Larson said that variances range from 2' to 20' , but most of them are 5' or less. 3. Questions from the Audience Golf Course Referendum Trustee Bogart read his letter, dated January 24, 1977, to Mr. and Mrs. Molitor apologizing for supporting remarks made at the last Board meeting regarding Mrs. Molitor's citizenship. He felt she had the right to appear before the Board to lodge any protests she feels necessary. He hoped they would review the golf course purchase question and support it. Trustee Carroll read her memo, dated January 18, 1977, taking issue with public statements made against the people who presented the petition for referendum on the golf course purchase. She hoped people would gather the facts so they may vote on the issue without emotion. Trustee Marienthal read his memo, dated January 20, 1977, to Trustee Rech disagreeing with the manner in which she addressed Mrs. Molitor. 4844 1/24/77 President Fabish regretted that he had not cut off the verbage earlier in the evening. He apologized to Mrs. Molitor. Trustee Mahoney felt that freedom of speech is a two-edged sword, and the individual Trustees have a right to express their feelings. Trustree Rech said that everything she said at that meeting was true. She felt it would be unwise to apologize for telling the truth. Norman Katz, 983 Whitehall Drive, did not think that the fact that Mrs. Molitor presented the petition and her citizenship have one thing to do with the other. He felt that if non-citizens had not had the right to petition the government, they would still be in the sweat shops and coal mines without proper health care and wages. Trustee Mahoney said that in the last 6 years, people's right to address the Board has never been an issue because the last two Presidents have permitted residents to bring up any issue they so desire. 4. COMMITTEE OF THE WHOLE Umbrella Insurance Mr. Larson stated that cost of the Village's Umbrella Insurance was increased from $4,500 to $17,000. After discussions with Mr. Glueckert, Warren Van Der Voort, Account Executive at Arthur J. Gallagher and Company, has recommended an alternative plan. Mr. Van Der Voort reviewed his letter, dated January 19, 1977, suggesting the Village increase their primary limits from the current level of $300,000 to $1 ,000,000 for Comprehensive General Liability and Automobile coverage. The Aetna Insurance Company will provide an endorsement to increase limits to $1 ,000,000 and the approximate annualized premium will be $10,500. The pro- rated additional premium for the remainder of their contract term would be approximately $5,000 to afford coverage for this $1 ,000,000 limit endorsement. Total coverage would be reduced by $300,000 over the prior year's coverage limit. Moved by Mahoney, seconded by Rech to accept Mr. Van Der Voort' s recommendation as stated on Page 2 of his letter, dated January 19, 1977. Trustee Rech stated that some municipalities have lost their liability insurance, and asked if there is anything constructive the Village can do to prevent this from happening in the future. Mr. Van Der Voort suggested that the Village establish a Safety Committee comprised of various departments, meet regularly, keep minutes of their meetings, and have insurance safety engineers sit in on meetings periodically. Mr. Larson stated that the Public Works Department does have a Safety Committee. Mr. Van Der Voort felt the Police Department should be involved in this committee also. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. 4845 1/24/77 Ordinance No. 77-3 President Fabish read Ordinance #77-3, an ordinance providing for the 1977 regular municipal election for 3 trustee positions to be held on April 19, 1977. Moved by Marienthal , seconded by Mahoney to approve Ordinance #77-3. Trustee Carroll referred to Section 3 regarding ballots, and said that in the past, many people had complained about the form of the ballot. She submitted a sample ballot used by another municipality and suggested that this form be used because it would be less confusing. The Clerk said that she would submit this form to the State Board of Election to determine its legality. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance #77-5 President Fabish read Ordinance #77-5, an ordinance calling a special election to be held in and for the Village of Buffalo Grove, Cook and Lake Counties, Illinois, on Saturday, the 19th day of February, 1977. Special election will be held on February 19, 1977, and will place the following question to the voters: Shall Ordinance No. 76-56 adopted by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, on November 8, 1976, entitled "An Ordinance providing for an agreement for the purchase of the Buffalo Grove Golf Course by installment contract by the Village of Buffalo Grove, Cook and Lake Counties, Illinois," which provides for the payment of the principal amount of $1 ,097,000, together with interest at the rate of 7% per annum, such payments to be made in semiannual installments on May 1 and November 1 of each of the years 1977 to 1991 , inclusive, and authorizes the levy of a tax to pay such installments, become effective? President Fabish referred to a memo, dated January 20, 1977, from Dick Glueckert regarding a letter from Howard Voss detailing the interest savings if the Village sold a general obligation bond issue to purchase the golf course instead of using installment loan method. Interest cost differential between 5.5% and 7% would be $167,640. President Fabish noted there is no guarantee that the Village would get the 5.5% interest rate. He asked Mr. Raysa 's opinion. Mr. Raysa said if the bonds go to public offering, the new SEC law requires a prospectus prepared by a financial consultant showing the financial condition of the Village and the Village's ability to pay. He felt that a general obliga- tion bond issue would entail expenses in the approximate amount of $10,000. Trustee Mahoney stated that when he worked for the SEC, you could not get a $300,000 offering for less than $25,000 legal fees. He said the timing on a public offering is many months which would put the Village into the next level of penalties in the lease purchase contract. 4846 1/24/77 In response to a question from Mr. Raysa, Mr. Larson said that when he approached the local banks, they advised that they did not have the capital for investment. Moved by Rech, seconded by Bogart to approve Ordinance #77-5. Trustee Rech announced that Bobbie O'Reilly and Rex Lewis have agreed to be co-chairmen of a pro golf course purchase committee. Discussion took place regarding the possibility of combining the special election with the general election , but Mr. Raysa pointed out that April 19 might be too late to abate a portion of the tax levy. The Clerk was asked to contact the counties to ascertain the last possible date that the levy could be abated. Upon roll call, the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAPES: 0 - None Motion declared carried. Trustee Mahoney requested a resolution, endorsing the referendum, be placed on the next agenda. Trustee Carroll requested the Clerk to respond to the letter from Mr. and Mrs. Molitor and explain why the Board decided to have the referendum on February 19. Trustee Rech requested authorization for expenditures for printing of material and publicity. Mr. Larson felt that to do an effective promotion, $3,000 would be needed for 2 mailings, printing costs, and publication costs. Trustee Rech felt that literature could be distributed door-to-door thus eliminating postage. Moved by Mahoney, seconded by Driscoll to authorize the committee to spend up to $3,000. Trustee Carroll did not feel it was necessary to spend $3,000. She suggested that the newsletter be used as the mailing. Mr. Larson noted that the newsletter costs $1 ,000 per issue. Trustee Mahoney hoped that the committee would promote the referendum as economically as possible, but if they need $3,000, they should be authorized to spend it. Upon roll call , the vote was: AYES: 4 - Mahoney, Driscoll , Bogart, Marienthal NAPES: 1 - Carroll ABSTAIN: 1 - Rech Motion declared carried. Trustee Rech pointed out that she is a fiscal conservative and hoped that the committee could do the job for or less than $3,000. Resolution #77-2 Moved by Carroll , seconded by Driscoll to remove from table consideration of Buffalo Grove's participation with p Cook and Lake Counties in the Community Development Block Grant program. Upon voice vote, the motion passed unanimously. 4847 1/24/77 President Fabish read Resolution #77-2, A RESOLUTION EXCLUDING THE POPULATION OF THE VILLAGE OF BUFFALO GROVE FROM THAT OF THE COUNTIES OF COOK AND LAKE FOR PURPOSES OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. Moved by Mahoney, seconded by Driscoll to approve Resolution #77-2. In response to a question from Trustee Marienthal , Mr. Larson stated that an advisory board of mayors, appointed by Cook County Board President Dunn, make recommendations with regard to the allocation of funds for the program. There is no set formula, but the allocations are based on need and availability of funds. Trustee Rech requested the staff to research what housing would be required and if the Village already complies. She felt if it were possible for the Village to receive funds from this program, they could proceed if the Village had already compiled the necessary information. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech , Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. 9:50 P.M. - The President declared a recess. 10:05 P.M. - The meeting resumed. Otis Park Site President Fabish stated that the President of the Buffalo Grove Park District had requested consideration of deed transfer of the Otis Park site to the Park District be deferred until they receive more information from Mr. Otis. In response to a question from Trustee Bogart , Mr. Raysa stated that he would file for tax exemption for the property. Capital Improvement Program The Board reviewed the Street , Street Lighting, and Sidewalks sections of the Capital Improvement Program. Mr. Larson and Mr. McCoy answered questions from the Board. Mr. McCoy was asked to look into the following items: �.J 1 . Would the Soo Line be responsible for improving the railway crossings. 2. Cost of Christmas decorations at certain intersections. 3. Cost of a walk light at Dundee and Arlington Heights Road Mr. Larson said the Sanitary Sewer System, Storm Drainage System, and Buildings and Land sections of the Capital Improvement Program will be reviewed at the next meeting. 4848 1/24/77 Northwest Municipal Conference William Muhlenfeld, Executive Director of the Northwest Municipal Conference, reviewed their annual report which was sent to the Village on January 4, 1977. In response to a question from Mr. Larson , Mr. Muhlenfeld said that the Finance Committee has recommended to maintain Conference services at the present level , membership fees will have to be increased to 1U per capita with a minimum of $1 ,000 and a maximum $6,000. Well Repairs { Mr. McCoy reviewed his memos, dated January 20, 1977, and January 24, 1977, outlining needed repairs to Well #4. Moved by Marienthal , seconded by Rech to waive bids and authorize purchase of a 400 horsepower electric motor for Well #4 pursuant to the January 24, 1977, letter from J. P. Miller Artesian Well Company with a limit of $21 ,000. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Motion by Bogart, seconded by Rech to approve the inter-connection with the Arlington Heights water system at Buffalo Grove Road and University Drive at a cost of approximately $10,000, and to waive bids. In response to a question from Trustee Carroll , Mr. McCoy said that Arlington Heights water would be used for emergency only, that it is not needed for domestic use, and this inter-connection would eliminate the need to loop our system in the Cambridge area. In response to a question from Trustee Rech, Mr. McCoy said the Village will pay for the inter-connection and then bill Arlington Heights for their share. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. 5. Board Comments Timberhill Road In response to a question from Trustee Carroll , Mr.Larson stated that considera- tion of closing Timberhill at Lake-Cook Road will be placed on the agenda when reports from Public Works and the Fire Department are received. He hoped it would be February 7. Park District Land Trustee Bogart requested Mr. Larson to review the report that was approved regarding transfer of certain lands to the Park District to determine if all agreements have been fulfilled. _ I 4 849 1/24/77 Golf Course Purchase Trustee Rech announced the following public meetings to discuss the Buffalo Grove Golf Course purchase: February 3 Cambridge-on-the-Lake February 9 Buffalo Grove Golf Course February 10 Raupp Memorial sponsored by the Junior Women 's Club League of Women Voters will sponsor a meeting, time and place to be announced. 6. Executive Session President Fabish stated the agenda indicates an executive session to discuss litigation; however, Mr. Sheridan of Dominion Development was unable to attend this evening and has requested the discussion to take place on February 7. Moved by Driscoll , seconded by Marienthal to move to executive session to discuss personnel . Upon voice vote the motion passed unanimously. Time: 11 :35 P.M. Respectfully submitted, Verna L. Clayton, Village tlerk PASSED AND APPROVED THIS day of 7l�r" , 1977. Village President L