1977-04-04 - Village Board Regular Meeting - Minutes 4906
4/4/77
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,
APRIL 4, 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
8:00 P.M. Those present stood and pledged allegiance to the Flag. The Clerk
called the roll and found the following:
PRESENT: Trustees Rech, Bogart, Carroll , Marienthal
Trustee Mahoney arrived at 8:02 P.M. , Trustee Driscoll at 8:08 P.M. ,
and President Fabish at 9: 30 P.M.
Also present were William Balling, Village Manager; William Raysa and Richard
Raysa, Village Attorney; Charles McCoy, Director of Public Works; Harry Walsh,
Chief of Police; Carmen Molinaro, Director of Golf Operations; Carl Rapp,
Director of Community Development; William Davis, General Superintendent of
Public Works; Richard Glueckert, Finance Director; and William Sommer, Admin-
istrative Assistant.
Moved by Bogart, seconded by Carroll to appoint Trustee Rech President Pro Tem
in the absence of President Fabish. Upon voice vote, the motion passed
unanimously.
Trustee Mahoney arrived at this time.
1 . Minutes of March 28, 1977
Moved by Mahoney, seconded by Carroll to table consideration of the minutes
of March 28, 1977, until later in the meeting. Upon voice vote, the motion
passed unanimously.
2. President 's Reyort
President Pro Tem Rech welcomed Mr. Balling to his first meeting as Village
Manager.
3. Questions from the Audience
Bicentennial Park
David Potter, President of the Buffalo Grove Jaycees, presented a check, in
the amount of $2, 174.63, for the purchase of equipment for the Bicentennial
Park.
4. Warrant #357
Mr. Glueckert presented Warrant #357, in the amount of $220,568.98. Trustee
Driscoll arrived during the presentation.
Moved by Marienthal , seconded by Bogart to approve Warrant #357. Upon roll call ,
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the vote was :
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AYES: 5 - Recii, Driscoll , Bogart, Carroll , Marienthal
NAYES: 1 - Mahoney
Motion declared carried.
Trustee Carroll stated that she voted on the warrant because the expenditure
to Motorola was for equipment repair and not for new equipment.
5. Board Comments
Parking
Trustee Bogart referred to a recent article in the Buffalo Grove Herald, and
stated that it is not the intent of the Village Board to ban the parking of
recreational vehicles around residents ' homes.
Trustee Marienthal stated that the proposed ordinance is to prohibit parking
of vehicles with a loaded weight of 11. tons, which would take into consideration
commercial vehicles and not recreational equipment.
Trustee Carroll presented specifications on various recreational vehicles which
showed that some weigh up to 6,206 pounds. She felt the 12 tons would exclude
many R.V. 's. She made the information available to the Village Attorney for
his use when preparing the ordinance.
6. COMMITTEE OF THE WHOLE
Jaycee Trailers
David Potter, President of the Buffalo Grove Jaycees, stated that the Jaycees
purchased 2 trailers to use in their "Haunted House", a community Halloween
project, and have had a problem in finding a location to store them. If a
location is not found, he said the project may have to be eliminated. He
requested permission to store them at the old Lake County sewage treatment
plant. He noted other projects that his organization does for the Village.
Trustee Bogart noted that many residents are present this evening to object
to this request. Also, he noted a memo, dated April 4, 1977, from Bart Delaney
stating that the R-4 zoning on the property in question does not permit this
type of use. He suggested that the public use land on the Zale property be
considered instead.
Moved by Bogart, seconded by Mahoney to lease, with a 90 day termination clause,
the public use land on the Zale property, which is intended for a future fire
station, at an annual fee of $5.00.
It was noted that the Village does not own the property yet. Trustee Bogart
asked Mr. Balling to contact Mr. Zale to request use of the property.
Moved by Bogart, seconded by Carroll to table for one week consideration of
land on which to park the Jaycee trailers. Upon voice vote, the motion passed
unanimously.
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Paul Kochendorfer, 670 Farrington Drive, asked if the old sewage treatment
plant site would still be considered as an alternate. Trustee Bogart stated
that because of the zoning on the land, it would have to go to public hearing
before the Zoning Board of Appeals, and residents would be notified. He did
not feel this would happen.
Ron Helms, Chairman of the Appearance Control Commission , stated that the trailers
are unsightly and the Commission would like to be advised of their location.
Trustee Rech requested a staff report on the underlying zoning of the Zale
property in question.
Amusement License
Leon Gopon, Executive Vice President of the Buffalo Grove Jaycees, stated that
the Jaycees plan to have a carnival in the Buffalo Grove Mall parking lot from
May 18 through May 22, 1977. Since the Amusement Ordinance limits carnivals to
4 days, he requested Village Board permission for the fifth day.
In response to a question from Trustee Rech, Trustee Bogart stated that the
fifth day is necessary for additional profit. He said the fifth day will be
used only if it rains on any of the other days. He noted that part of the
profits will go to the Bicentennial Park project. He submitted a letter from
Kenroy giving permission to use the property and a copy of the certificate
of insurance naming the Village as an additional insured.
Mr. Raysa stated that the Amusement Ordinance should be amended to provide for
this matter.
Moved by Mahoney, seconded by Driscoll to direct the Village Attorney to pre-
pare an amendment to the Amusement Ordinance to permit carnivals for 5 days,
and to treat this applicant as though the ordinance had been amended.
In response to a question from Trustee Carroll , Mr. Gopon stated that the
Jaycees would cooperate with the Police Department in providing traffic control .
He said the carnival would not be in operation during the school day.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Well #6
Consideration of the agreement between Centex Homes of Illinois, 111 East
Chestnut Corporation , and the Village to provide for a well and reservoir in
the Ridgewood Subdivision was deferred until President Fabish arrived at the
meeting.
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Omni-House
Charles Purcell , a director of Omni-House, presented a formal request for
$22,000 in support for their services to young people and families in Buffalo
Grove during their Program Year 6/1/77 - 5/31/78. Discussion followed regarding
budget restraints.
Moved by Marienthal , seconded by Mahoney that it is the intent of the Village
Board to attempt, to the best of their ability, to honor the request of Omni-
House and at the proper time disburse the funds. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Heritage Place
William Lyman of Hemphill & Associates displayed elevations and reviewed his
letter, dated March 30, 1977, requesting permission to build House-Type 120
in Heritage Place Subdivision.
Mr. Rapp stated that this model conforms to all Village requirements. He felt
this model would provide for a larger back yard and reduce set-back problems.
It was noted that the Appearance Control Commission has accepted the model .
Moved by Mahoney, seconded by Driscoll to approve House-Type 120 with exteriors
A, B, and C for Heritage Place Subdivision. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Bicentennial Park
Trustee Marienthal stated that the $500.00 allocated in the budget for garden
plots will not be needed this year, and suggested any profits made be used to
transplant the trees donated by Mr. Whalin.
Mr. McCoy said that he and Mr. Davis tagged 33 pine trees and 15 shade trees
that could be transplanted to Village-owned property, i .e. Bicentennial Park,
Village Hall , and well houses. Cost of transplanting would be between $800 and
$1 ,000.
It was decided that Mr. Helms would look at the trees to determine which ones,
if any, would pit into his landscape plan for Bicentennial Park.
Moved by Bogart, seconded by Mahoney to expend up to $1 ,000 to move the trees
from Mr. Whalin 's property. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
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Moved by Marienthal , seconded by Carroll that money received from renting
garden plots would be used to pay the expense of transplanting the trees.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Moved by Bogart, seconded by Carroll that the $4,300 donation from Levitt be
placed in the Bicentennial Park account , and the Committee will make a
recommendation to the Board as to how it should be spent. Upon roll call ,
the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Grand Spaulding Park Site
Upon request of the attorney representing Grand Spaulding Dodge, it was moved
by Bogart, seconded by Driscoll to table consideration of an ordinance rezoning
the Grand Spaulding park site and an ordinance conveying the site to the Park
District. Upon voice vote, the motion passed unanimously.
9: 10 P.M. - The President declared a recess.
9:35 P.M. - The meeting resumed.
President Fabish arrived during the recess.
Minutes of March 28, 1977
Moved by Bogart, seconded by Carroll to remove from table consideration of the
minutes of March 28, 1977. Upon roll call , the motion passed unanimously.
Moved by Rech, seconded by Driscoll to approve the minutes of the regular meeting
held March 28, 1977, as published. Upon roll call , the vote was:
AYES: 4 - Rech, Driscoll , Bogart, Fabish
NAYES: 0 - None
ABSTAIN: 3 - Mahoney, Carroll , Marienthal
Motion declared carried.
Well #6
Michael Morrison, attorney representing Centex Homes of Illinois and 111 East
Chestnut Corporation, stated that when the agreement for construction of a well
and reservoir in the Ridgewood Subdivision was last discussed, there were 2
unresolved issues, 1) premium cost of workmen 's compensation insurance and
2) request for financial information on the signers of the agreement. He said
that Steve Bilheimer, Vice President of Centex Homes of Illinois, sent a letter
to the Village, along with recent annual financial data on Centex Corporation.
The letter indicated that the 2 companies executing the agreement are wholly
owned subsidiaries of Centex Corporation.
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Mr. Glueckert stated that the Village insurance agent advised that the Village
need not carry Workmen's Compensation insurance because it will be carried by
the sub-contractors. The Village will need to carry "Care, Custody, and
Control" policy which will cost $837.
Mr. Raysa asked if the parent corporation would be responsible if there were
a problem with the subsidiary corporations. Mr. Morrison said that the parent
corporation is obligated in the event of some fault to perform for its sub-
sidiaries. Richard Heinrich, 635 Patton Drive, stated that it is his opinion
that if the subsidiaries should go bankrupt, the parent corporation would be
absolved of any liability. Mr. Raysa was unsure of the answer and said that
the letter from Mr. Bilheimer should have indicated that the guarantee would
extend to Centex Corporation. Trustee Mahoney did not feel it is important
in this instance because the subsidiaries are substantial entities in their
own right. Further, he said the Village, as prime contractor, can enter into
agreements with the sub-contractors providing that work can be stopped at any
time and not incur any more debt. He said a major corporation would suffer a
major blow to its own status and prestige if it allowed one of its subsidiaries
to go bankrupt.
Mr. Raysa suggested that a copy of this agreement be sent to Hawthorn after
execution.
Moved by Mahoney, seconded by Carroll to authorize execution of the agreement
subject to all changes of record that have been agreed to.
Trustee Rech objected to the 9% interest. Mr. Morrison said that 9% is below
the cost of construction money.
It was noted that if Hawthorn should take court action to connect to the water
system and Centex does not indemnify the Village, the Village can permit the
connection.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Trustee Rech qualified her vote because there were a few portions of the
agreement she did not like.
Ridgewood
Upon review, it was moved by Bogart, seconded by Carroll to approve the plat
of dedication for Horatio Boulevard from Pauline Avenue south and including
a portion of Armstrong Drive. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
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Golf Club Carpeting
President Fabish polled the Board, "Yes" indicating favor of replacing the
carpeting in the club house at the golf course as soon as reasonably possible,
and "No" indicating opposition. The poll found the following:
YES: 4 - Mahoney, Driscoll , Carroll , Fabish
NO: 3 - Rech, Bogart, Marienthal
The Board reviewed Mr. McCoy's memo, dated March 24, 1977, stating that 3
proposals were received as follows:
Central Rug & Carpet $2,191 .00
remove tile 160.00
Total $2,351 .00
Oak Carpet Co. $1 ,912.20
remove tile 155.20
Total $2,067.74
Pedian & Sons, Inc. $2,065.35
remove tile 192.00
Total $2,257.35
Trustee Rech presented information regarding various types of floor covering
used at other golf clubs and suggested that some of these be investigated.
Moved by Mahoney, seconded by Carroll to accept the proposal of Oak Carpet
Company and waive bids.
Trustee Rech said that the Mt. Prospect Golf Club has purchased Robertson
spikeproof carpeting which has a 5 year guarantee. Discussion took place
regarding the staff's comparing this carpeting and the type considered tonight.
Upon roll call , the vote was:
AYES: 4 - Mahoney, Driscoll , Carroll , Fabish
NAYES: 3 - Rech, Bogart, Marienthal
The Village Attorney advised that a motion to waive bids requires a 2/3 vote;
therefore, motion was defeated.
Moved by Mahoney, seconded by Carroll to direct the staff to prepare formal
bids for the carpeting at the club house. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
1977-78 Budget
The Board reviewed the first draft of expense portion of the budget for next
fiscal year for the Golf Fund and General Fund.
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According to Mr. Glueckert's memo, dated March 31 , 1977, it was noted that the
staff's opinion is that the creek bed stabilization for the Golf Course bridge
at the 15th hole does not have to be done this year. Mr. Davis noted that
Fabriform's quotation for this stabilization was $5,600. It was decided that
this item should be placed in the 1978-79 budget.
{ Mr. Balling noted that a 5% across the board "cost of living" increase has
been programmed into the budget for all full time employees exclusive of the
Village Manager. Total impact of this would be $72,272.
Mr. Balling stated that the proposed budget is a maintenance budget and most
of the growth is caused by increased operating and fixed costs. He said the
principle capital program contemplated is initiation of phase 1 of the Village
Hall/Public Service Center reconstruction. Plan of action is to finance the
program on a cash basis on a multi-year program, the first phase being under-
taken this year costing approximately $66,000.
After discussion, it was decided that the staff should review the general fund
I budget and provide for 1 additional patrolman.
Trustee Rech questioned the advisability of conducting a census at a cost of
$10,000 when the State may not follow census figures for distribution of M.F.T.
and state income tax money. Mr. Balling stated that he would contact Spring-
field to determine if this is the case.
Trustee Rech requested that Peat, Marwick and Mitchell be contacted to determine
if the allocation of their fee among the various funds is correct.
Trustee Driscoll expressed concern over the 5% cost of living increase and wished
funds were such to give more.
Zoning Board of Appeals
President Fabish requested that next week's agenda include a discussion with
the Z.B.A. per their request.
Dundee and Arlington Heights Roads
Trustee Carroll referred to a letter, dated March 9, 1977, from the State
Department of Transportation stating that they lack funds to install a "walk
light" at the intersection of Dundee and Arlington Heights Road. She felt the
Village should pursue the installation of this light.
Mr. McCoy said the State conducted a traffic study of that intersection and
found that few people cross at the light and most cross in the middle of the
block.
Dundee and Buffalo Grove Roads
President Fabish requested that the State be contacted to change the timing of
the traffic signal at Dundee and Buffalo Grove Roads because traffic has been
backed up.
7. Executive Session
Moved by Mahoney, seconded by Carroll to adjourn to executive session to discuss
litigation and personnel . Upon voice vote, the motion passed unanimously.
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Time: 11 : 30 P.M. At 12: 10 A.M. the Board returned to the council chambers.
Dominion Development
Moved by Mahoney, seconded by Driscoll to direct the Village Attorney to prepare
a settlement decree to settle litigation with Dominion Development incorporating
a stipulation to allow them to build in accordance with Exhibits (plan of
development and renderings of 4 buildings showing use of earthtones) and a
stipulation that they will comply with all Village Ordinances and requirements.
\•/ Upon roll call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Fabish
NAYES: 2 - Rech, Marienthal
Motion declared carried.
8. Adjournment
Moved by Mahoney, seconded by Carroll to adjourn the meeting. Upon voice vote,
the motion passed unanimously.
Time: 12: 13 A.M.
Respectfully submitted,
Verna-L. Clayton, Village Clerk
PASSED AND APPROVED this /,/ day of ("Th X , 1977.
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Village President
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