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1977-06-20 - Village Board Regular Meeting - Minutes 4981 6/20/77 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, JUNE 20, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish 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: President Fabish; Trustees Rech, Bogart, Marienthal , Keister, Stone, Mendenhall Also present were William Balling, Village Manager; William Raysa, Village Attorney; Nick Rubino, Village Treasurer; Richard Glueckert, Finance Director; Thomas Fennell , Acting Director of Community Development; William Davis, General Superintendent of Public Works; and William Sommer, Administrative Assistant. 1 . Minutes of June 13, 1977 Moved by Marienthal , seconded by Bogart to approve the minutes of the regular meeting held June 13, 1977, with one change: Page 4976 - second paragraph - change last sentence to read "Trustee Keister agreed with Trustee Marienthal , however, stated the ultimate responsibility belongs to the Village Board." Upon roll call , the vote was: AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried with change noted. 2. Warrant #362 President Fabish presented Warrant #362, in the amount of $190,723.40. Moved by Keister, seconded by Stone to approve Warrant #362. Trustee Bogart noted payments to Zimmerman Hardware for supplies. He said that Ace Hardware allows a discount and Zimmerman does not. He requested a letter be sent to Zimmerman requesting a discount, and if it is not given, supplies should be purchased from Ace. Trustee Bogart noted the expenditure, in the amount of $10.00, to National `•/ Rifle Association , and questioned what benefits the Village derives from this membership. Mr. Balling said he would research the matter and report to the Board. Trustee Rech noted the expenditure, in the amount of $7.20, to The Independent Register for a subscription for President Fabish. She felt newspaper sub- scriptions should not be purchased for Board members. President Fabish said it is not necessary for him to receive a separate copy and suggested this expenditure be deleted from the warrant. 4982 6/20/77 Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Keister, Stone, Mendenhall NAYES: 0 - None ABSTAIN: 1 - Marienthal Motion declared carried. 3. Village Manager's Report Administrative Activities Mr. Balling noted the Summary of Administrative Activities for the month of May, 1977. Golf Club Carpeting Mr. Balling reviewed his report, dated June 16, 1977, regarding the golf club carpeting. He said the motion authorizing the carpeting purchase contained a not to exceed figure of $3,500 which cannot be met because estimated yardage was based on room dimensions and did not include a trim loss. Also not enough of the old carpeting can be salvaged to cover the pro shop. Discussion followed. Moved by Bogart, seconded by Rech to authorize installation of new carpeting in the club house, with the exception of the pro shop, at a unit cost as bid and including runners. It was decided that time of installation should be determined by the staff. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. 4. President 's Report Plan Commission Appointment Upon recommendation of the Plan Commission, President Fabish appointed Irving Capitel to the Plan Commission for a one year term. Moved by Marienthal , seconded by Bogart to concur with the President's • appointment. Because Mr. Capitel recently resigned from the Industrial Commission due to lack of time, Trustee Rech was concerned if he had sufficient time for the Plan Commission. President Fabish said that Mr. Capitel 's work load has changed allowing more time for Commission work. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. 4983 6/20/77 Falcon Property President Fabish said that Jerry Falcon has requested an indication from the Board regarding his presenting a new proposal for his property located on the southwest corner of Arlington Heights Road and Nichols Road. Mr. Falcon said that in his new plan, 75% of the lots would comply with the rear yard set back requirements of the proposed R-6 zoning district. He said he would like to present material regarding the reality of industrial development for this property. Discussion followed. President Fabish polled the Board, "Yes" indicating favor of placing this item on the Village Board agenda for June 27, 1977, and "No" indicating opposition. The poll found the following: YES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall NO: 0 - None Trustee Rech said she voted in favor of listening to the new proposal ; however, she questioned if she would change her decision. 5. Board Reports Buffalo Creek Retention Basin Trustee Mendenhall said he and Trustee Rech attended a meeting of the Lake County Forest Preserve District at which they re-agreed to enter into an escrow agreement with the Metropolitan Sanitary District to provide for the Buffalo Creek retention basin at the southwest corner of Arlington Heights Road and Checker Road. President Fabish said he would send a letter to the Buffalo Grove Park District advising them of this decision and thanking them for their willingness to help in the event the Forest Preserve District did not agree. Trustee Rech said the Forest Preserve District also passed/an S18,000,000 bond issue which would include purchase of the Stielow farm (200 acres) . Share +3 Trustee Rech noted a letter from the Village of Palatine requesting a meeting of all elected officials in Share +3 to discuss the Lake Michigan water supply. She felt this meeting would be beneficial and requested that a resolution be prepared to that effect. Mr. Balling said a meeting is scheduled for July 7, 1977, for Village Presidents and executive board members to discuss which villages plan to opt in or out of Share +3. President Fabish said a resolution will be prepared for consideration at next week's meeting. 4984 6/20/77 Village Center Trustee Keister reviewed the report of the Village Center Select Committee, dated June 16, 1977. The Committee concurs that development is feasible and should be accomplished through coordination of parcels and private development. They felt time is of the essence and progress must be monitored by the Village. They recommended the Village establish a B-5 zoning district, work with property owners toward combining acreage, give assurances on enacting recapture ordinance if necessary for utility development, decide public uses, monitor progress, and extend the current select committee or establish a continuing committee to monitor progress. Moved by Rech, seconded by Marienthal to extend the current Village Center Select Committee for 90 days. Upon roll call, the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Status Reports Trustee Rech requested a status report on the following items: 1 . Grand Spaulding park site 2. Problems with fence and garbage at the Lieberman shopping center 3. Rats at The Crossings Mr. Balling said Orkin Exterminators have been hired to exterminate the rats this week and James Otis is hiring contractors to remove the out buildings. With regard to the Lieberman matter, Mr. Balling said a staff analysis has been done and a recommendation is forthcoming. He said the Grand Spaulding park impass relates to court reporter transcripts and commitments of record. When the transcripts are available he will have a meeting with Mr. Kraus and Mr. Alterman to establish the commitments of record. 6. COMMITTEE OF THE WHOLE Green Public Hearing (Continued) Moved by Rech, seconded by Mendenhall to reopen the Green public hearing. Upon roll call , the motion passed unanimously. Subject of the hearing is a petition for annexation and R-5 zoning and preliminary plan approval for approximately 86 acres located on Busch Road east of Route 83. The Board reviewed the proposed annexation agreement and the following changes were made: Page 1 - paragraph 1 - list beneficiaries of the trust Page 2 - paragraph 2 - unit count revised to 291 dwelling units 4985 6/20/77 Page 4 - paragraph 6 - add "and may review the commitments of record contained in this document including but not limited to fees, prior to final consideration of any major change in the plan of development." Page 5 - paragraph 7 - add the following to line 2: "the Village through formal acceptance action by the Board of Trustees," Page 5 - Paragraph 9 - add the following to last line: Village "through formal acceptance action by the Board of Trustees," Page 7 - paragraph 10 - add language similar in intent to the following: "It is understood by the parties of this agreement that the 16" watermain adjacent to Busch Road constitutes an integral part of the water system and is not subject to any recapture from other developers. It is understood that if the Village adopts a policy for rebating property owners a portion of their system improvement fee in exchange for installation of an oversized facility, such policy will be made applicable to this develop- ment." This change was made after a lengthy discussion in which Mr. Addis, attorney for the developer, requested some relief on the $440 per unit system improve- ment fee because they would be installing an oversized watermain. The President polled the Board, "Yes" indicating favor of the request, and "No" indicating opposition. The poll found the following: YES: 0 - None NO: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall Mr. Addis requested that if in the next 3 years, the Board adopts a policy to rebate a portion of the system improvement fee, the policy by made applicable to this property. After lengthy discussion, the Board agreed to changing the language in this paragraph. Page 7 - paragraph 14 - add in 6th sentence: Village "Through formal acceptance action by the Board of Trustees". Page 8 - paragraph 15B - to be rewritten to provide that the Village Engineer will be able to reject a particular house on a particular lot because of drainage, using reasonable engineering judgement. Page 8 - paragraph 18 - Delete reference to "water and sewer tap on fees and System Improvement fees". Also change 5% escalator to 10%. During discussion of this paragraph, Mr. Addis requested the Board to consider granting him a 2 year freeze on development fees. The President polled the Board, "Yes" indicating favor of freezing fees for 2 years and "No" indicating opposition. The poll found the following: YES: 0 - None NO: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall Page 9 - paragraph 18 - add the following: "In the event a conflict arises between owner and Village on any engineering or 4986 6/20/77 technical matter, the Village of Buffalo Grove reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the subdivision". During discussion of this paragraph, Trustee Rech asked if trench footings will be used in this development. Mr. Green said they might be used, but at the present time, they do not plan to have trench footings. Page 9 - paragraph 19 - change last sentence as follows: "All performance guarantees and approvals thereof shall be in accordance with Exhibit E regarding guarantees". Page 10 - paragraph 22 - reduce term of agreement to 5 years. Page 13 - paragraph 26 A and B - $287.25 changed to $449 and $383 changed to $544 Exhibit I - change System Improvement fee to $440 - also change watermain fee to watermeter fee. Moved by Marienthal , seconded by Bogart to close the public hearing. Upon roll call , the motion passed unanimously. Green Property. Moved by Marienthal , seconded by Rech to direct the Village Attorney to prepare the corrected annexation agreement and necessary ordinances in accordance with Mr. Balling's memo, dated June 17, 1977, and attached addendum (school contributions) and with the addition of the beneficiaries of the two trusts and in accordance with the revised plan , dated May 27, 1977, Exhibit 327-4 wherein the developer agreed to install sidewalks on the cul de sacs in the northwest section. Upon roll call , the vote was: AYES: 6 - Rech , Bogart , Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 10:00 P.M. - The President declared a recess. 10: 15 P.M. The meeting resumed. Village Hall Remodeling Mr. Balling reviewed his memo, dated June 16, 1977, regarding a plan of action for remodeling the Village Hall and upper level of the Public Service Center. Staff recommendation was to finance the estimated $350,000 improvement through an installment contract over a period of 7 to 10 years. A property tax levy will be required as security for the loan. Repayment of the loan could be accomplished in one of three ways, 1 ) allocate portion of operating revenues, 2) not abate the levy required to secure the loan, 3) a combina- tion of both. Estimated tax rate required for levy would be .079. 4987 6/20/77 Staff recommendation was to retain Knoeppel and Associates to secure bids and serve in construction supervision phase on a limited basis. Tom Fennell would serve as the project superintendent and would be responsible for interior design not covered in the base drawings. Discussion took place with regard to length of time the remodeling would fill the needs of the Village, length of time to do the work, if the work should be done in phases as originally suggested, what banks had been contacted with regard to an installment contract, how this would effect the Village's bonded indebtedness , ability to repay the loan, if interior design and furnishings should be included, and reluctance to impose a new tax. It was noted that the installment contract would be for cost of the remodeling minus the $66,000 budgeted in this year's budget for the project. President Fabish polled the Board to determine if they wanted to do this project in 1 phase (all at one time) or in 2 phases (Public Service Center as one phase and Village Hall as the other) . The poll found the following: 1 phase: 4 - Bogart, Keister, Stone, Mendenhall 2 phases: 2 - Rech, Marienthal Trustee Rech said she preferred the 2 phases because of financial considera- tions; however, if the bid amount and interest rates are economically feasible, she would change her opinion to a 1 phase project. It was noted that a tax could be imposed silently by the Board not abating the tax each year. Trustee Mendenhall opposed any circumstances that would allow the Village to impose a tax. Mr. Balling said the tax would give the Village the security to pay for the note in the event it had to be. In response to a question from Trustee Rech, Mr. Glueckert said tax rate on a $250,000 loan would be approximately .05. Moved by Bogart, seconded by Stone to retain Knoeppel Associates to secure bids. Upon roll call , the vote was : AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Moved by Bogart, seconded by Mendenhall to accept the Staff Plan of Action, authorize staff to secure bids on the working drawings , and authorize staff to identify a financial institution interested in participating in this program as outlined in Mr. Balling's memo, dated June 16, 1977. Upon roll call , the vote was : AYES: 4 - Bogart , Keister, Stone, Mendenhall NAPES: 1 - Marienthal ABSTAIN : 1 - Rech Motion declared carried. 4988 6/20/77 Ordinance #77-24 President Fabish reviewed Ordinance #77-24, AN ORDINANCE AMENDING THE BUFFALO GROVE ZONING ORDINANCE OF 1961 AS AMENDED (VILLAGE CENTER BUSINESS DISTRICT) . This ordinance creates a B-5 zoning district. Moved by Mendenhall , seconded by Keister to pass Ordinance #77-24. Mr. Raysa favored the ordinance, but he had reservations about creating a zoning district that would pertain to one specific area only. It was noted that this ordinance creates the zoning district only, and does not zone the land in the Village Center area. Trustee Stone asked if the owner of a small parcel of land in the Village Center area petitioned the Board for B-5 zoning, would the Board have any basis for denying it. Mr. Raysa said the petition could be denied, but if the petitioner complies with the requirements of a B-5 district , he could go to court to get the zoning. Trustee Rech preferred a PUD for that area instead of B-5 classification because the Village would have a better negotiating position to accomplish what the Village wants. Trustee Keister felt that nothing will happen in the Village Center area if this ordinance is not passed. Trustee Mendenhall said this ordinance will relieve the concerns of the property owners with regard to uses of other property within the area. Upon roll call , the vote was: AYES: 4 - Bogart , Keister, Marienthal , Mendenhall NAPES: 2 - Rech, Stone Motion declared carried. Trustee Rech said her negative vote was because she did not feel there are any more guarantees under B-5 zoning district than under the other business districts , and she did feel the ordinance would accomplish a consolidated effect in the Village Center. Ordinance #77-23 Moved by Rech, seconded by Mendenhall to remove from table consideration of Ordinance #77-23. Upon roll call , the motion passed unanimously. Moved by Rech, seconded by Mendenhall to pass Ordinance #77-23, AN ORDINANCE AMENDING THE BUFFALO GROVE ZONING ORDINANCE OF 1961 AS AMENDED. This ordinance establishes revised yard requirements in certain residential zoning classification districts. Upon roll call , the vote was: AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. 1977 Pavement Marking Program Moved by Marienthal , seconded by Rech , to approve agreement to participate, at no cost to the Village, in the State of Illinois pavement marking program. I'' 4989 6/20/77 Trustee Mendenhall did not feel the Village should participate in the program because of future maintenance cost. He said that Chief Walsh and Sgt. Voigt felt the program has no value. Other Trustees felt there is value in having a center line and marked crossings. Upon roll call , the vote was : AYES: 5 - Rech, Bogart, Marienthal , Keister, Stone NAPES: I - Mendenhall Motion declared carried. Bulk Purchase of Water Meters Upon review, it was moved by Rech, seconded by Mendenhall to approve the request regarding bulk purchase of water meters as outlined in Mr. Balling's memo, dated June 16, 1977, in lots of 50 up to a cost of $3,388.50 and waive bids. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Golf Course Greensmower Moved by Marienthal , seconded by Mendenhall to table for one week consider- ation of securing bids on a greensmower. Trustee Marienthal requested Mr. Balling to determine if a mower is available that could be interchangeable with the mower purchased last week. Upon roll call , the motion passed unanimously. Postage Machine Moved by Rech, seconded by Mendenhall to secure bids for a postage machine per the June 16, 1977, memo from Mr. Balling. In response to a question from Trustee Marienthal , Mr. Sommer said the present machine is not geared to the amount of mail presently sent out by the Village. The Clerk said the present machine could be used as a trade- in on the new one. Upon roll call , the vote was: AYES: 6 - Rech , Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. { Park District Business License Mr. Balling reviewed his memo, dated June 16, 1977, regarding a request for waiver of business license fees for Park District poolside food concessions. 4990 6/20/77 President Fabish noted that the Village Attorney advises that the Village cannot waive the fee. Trustee Rech felt that if the Park District ran the concessions themselves, the waiver of fee could be considered, but because a local business is leasing them, the waiver should not be considered. Moved by Rech, seconded by Mendenhall to deny the request of the Buffalo Grove Park District to waive the business license fees for their concession areas at the pools. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Manor Homes The Board reviewed a rezoning request for 66 acres of property located north of Route 83 at Buffalo Grove Road from M-1 to R-9 special use. In response to a question from Trustee Rech, Mr. Raysa said the Board is not required to refer a rezoning petition to the Plan Commission because they are an advisory board; therefore, if the Board makes the decision not to rezone, it does not have to be referred. Trustee Rech said that she does not want the property rezoned because 1) it is a viable piece of manufacturing or office zoning in conjunction with the Village Center, 2) realistically, it is one of the few industrial pieces of property in the Village, and 3) this would be placing R-9 between two sections of single family homes. President Fabish questioned if manufacturing should be between single family homes. Trustees Rech and Bogart did not view this as light industrial , but as desirable for an office center. Trustee Mendenhall felt it could have a combination of uses. Moved by Bogart, seconded by Rech to not refer this rezoning request to the Plan Commission. John Marks, one of the petitioners , felt the Board may not know all the circumstances surrounding this property and what they desire to achieve on the property for the benefit of the Village. He felt the single family zoning existing on the adjoining property is beneficial to the type of housing they plan, at the same time being able to provide housing in the price range, that is lacking in Buffalo Grove, for senior citizens. He felt light industrial or office is not conceivable on the property due to soil conditions. He said without population, it would be difficult to support the Village Center. He asked the Board to reconsider their motion. President Fabish referred to a memo, dated June 16, 1977, from Mr. Sommer which suggested that soil limitations for this area are much less severe for the development of an office and research area rather than single or or multiple family. Mr. Marks questioned this, and said he would be glad 4991 6/20/77 to meet with Mr. Sommer to discuss soil borings. Mr. Sommer said his was a preliminary report, and he would be willing to discuss it with Mr. Marks. Mr. Balling said at this point, it will be a policy decision and not a technical one. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Heritage Place Upon recommendation of the Appeia e Control C mi ion it was ,moved byr„Daten� Mendenhall , seconded by Keister to cept plans or House yp e � c�"�' with the following stipulations: that the treatment of all of the windows , shutters, and all the architectural detailing, such as painting, trim, roof vents are handled in the same manner as previously approved. Trustee Rech asked Mr. William Lyman of C. A. Hemphill if he had any comments with regard to problems they have had with their structure base- ments. Mr. Lyman said he was unaware of any problems. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Schwaben Annexation Moved by Bogart, seconded by Mendenhall to hold the public hearing on the Schwaben petition for annexation on July 11 , 1977. Upon roll call , the vote was : AYES: 6 - Rech , Bogart , Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. July 5 Meeting Since Monday, July 4, 1977, is a legal holiday, it was decided to hold the regular meeting on July 5, 1977. Ridgewood Moved by Marienthal , seconded by Bogart to establish a public hearing on July 18, 1977, to consider an amendment to the Hawthorn annexation agreement to provide for a site plan modification in the Ridgewood Subdivision. Upon roll call , the vote was : AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 4992 6/20/77 Library District It was decided that the Village Center Select Committee will meet with the Indian Trails Library District to discuss the possibility of their locating in the Village Center. Raysa Testimonial Dinner To comply with the Open Meeting Act, Trustee Rech announced that the Village v Board is holding a testimonial dinner on June 21 , 1977, in honor of Richard Raysa's service to the Village. The dinner will be held at the Buffalo House at 7:00 P.M. 7. Adjournment Moved by Marienthal , seconded by Mendenhall to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 12:00 Midnight Respectfully submitted, / /- Verna- L. Clayton, Village erk PASSED AND APPROVED this day of , 1977. gr / 0 /7 Gk Village President