1976-06-07 - Village Board Regular Meeting - Minutes 4592
6/7/76
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINO►S, HELD MONDAY, JUNE 7,
1976, 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: 10 P.M.
Those present stood and pledged allegiance to the Flag. The Clerk called the roll
and found the following:
PRESENT: Trustees Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
President Fabish arrived at 8: 15 P.M.
Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney;
James Shirley, Village Treasurer; Arnold Seaberg, Village Engineer; and William
Whited, Administrative Assistant.
Moved by Bogart, seconded by Carroll to appoint Trustee Mahoney President Pro
Tem in the absence of President Fabish. Upon voice vote, the motion passed
unanimously.
1 . Minutes of May 24, 1976
Moved by Carroll , seconded by Driscoll to approve the minutes of the regular
meeting held May 24, 1976, as published. The following additions were made:
Page 4589 - under 1976-77 Operating Budget - paragraph 1 , line 2 - add
"The following corrections were made by Trustee Rech:"
Page 4585 - under Little John Demonstration - include that the Board would
like the staff to investigate an ordinance requiring smaller
water closets. Trustee Mahoney noted that no motion was made
and should be made at this meeting.
Page 4588 - under Accounting Controls - first paragraph - add "Trustee
Marienthal stated that he was not opposed to the accounting
controls but wanted more than one quotation regarding cost.
f This was the reason for his negative vote."
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAPES: 0 - None
II' Motion declared carried.
2. Warrant #337
Mr. Shirley presented Warrant #337, in the amount of $113,950.09. Moved by
Carroll , seconded by Driscoll to approve Warrant #337. Several items were
questioned but no changes made.
President Fabish arrived during the discussion.
Upon roll call , the vote was :
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AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSTAIN: 1 - Marienthal
Motion declared carried.
3. President 's Report
Police Pension Fund/Appointment
Upon'recommendation of the Police Pension Fund, President Fabish reappointed
Robert Back for a two year term. Moved by Mahoney, seconded by Rech to concur
with the President 's appointment. Upon voice vote, the motion passed unanimously.
Plan Commission/Appointment
Upon recommendation of the Plan Commission, President Fabish appointed James
Kuenz for a term to expire April 30, 197 , Moved by Marienthal , seconded by
Carroll to concur with the President's appointment. Upon voice vote, the
motion passed unanimously.
Zoning Board of Appeals/Appointment
Upon recommendation of the Zoning Board of Appeals, President Fabish appointed
Paul Schroeder for a five year term. Moved by Carroll , seconded by Mahoney to
concur with the President's appointment. Upon voice vote, the motion passed
unanimously.
Water Saving Device
Moved by Mahoney, seconded by Rech to direct the staff and the Village Attorney
to draft a recommended amendment to the Building Code which would limit the
amount of water used in flushing as discussed at the last meeting. Upon roll
call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Next Meeting
President Fabish stated that he would be unable to attend the next Board meeting
because he would be in Washington , D.C.
Aspen Ditch
Trustee Marienthal stated that John Molitor, 1141 Twisted Oak Lane, directed a
letter to the Board advising that Levitt has not improved the Aspen Ditch with
railroad ties. Mr. Seaberg stated that Mr. Sleek of Levitt has advised that
his contractor did some work on the ditch last week, but that Mr. Seaberg has
not had an opportunity to inspect it. Mr. Seaberg felt that the work would be
complete within the next two weeks.
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President Fabish referred to the concern of the Z.B.A. with regard to the sharp
drop in backyards in Strathmore Grove. Mr. Seaberg stated that this is caused
by large homes on small lots. He felt that in the future, the Village would
have to be concerned with what models are placed on specific lots.
Trustee Carroll suggested that building permits be withheld from Levitt until
the Aspen Ditch is improved.
Trustee Rech asked if there is money in escrow to cover the improvement. Mr.
Seaberg stated that the money was for replantings which has been done. He
said there is not an escrow account at this time.
Mr. Raysa asked what provision of what code Levitt is violating, what con-
tractural provision are they violating, or what are they doing that would
create a hazard to public health, welfare, and safety. Mr. Seaberg stated
that they are not in violation , but that the workmanship is not desirable.
Trustee Bogart noted that Levitt will be before the Board soon for approval
of three models.
Moved by Bogart, seconded by Carroll to instruct the staff that Levitt has
30 days to comply with the required improvements to the Aspen Ditch or appropriate
action will be taken. Upon roll call , the vote was:
AYES: 2 - Bogart , Carroll
NAYES: 4 - Mahoney, Rech, Driscoll , Marienthal
Motion defeated.
Trustees Mahoney, Rech, and Driscoll explained that their negative votes were
because they felt"appropriate action"should be defined. Trustee Marienthal
stated that he preferred the action to be taken be limited to the three models.
Trustee Rech asked Mr. Raysa if the Board can make a motion stating that unless
the work on the Aspen Ditch is completed within 30 days, that no action will be
taken on the three models. Mr. Raysa stated that the Board could not do this.
President Fabish asked Mr. Seaberg to talk to Levitt advising them that the
Board is very disturbed and cannot deal with anything in the future in that
frame of mind.
Civil Defense
Trustee Carroll reported on activities of the Civil Defense Commission. Mr.
Soucy advises that the wall for the Emergency Operating Center is proposed for
fiscal year 1977.
Buffalo Grove Civil Defense was involved in directing vehicular and canoe
traffic during the recent Des Plaines River Bicentennial Canoe Race.
Civil Defense Directors of Buffalo Grove, Mt. Prospect , Arlington Heights,
and Rolling Meadows are meeting to set up a commission whose purpose will be to
establish standards for issuing of tornado warnings.
Two helicopters landed at the helicopter pad yesterday.
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Mr. Soucy has not been contacted by the Boys Club with regard to the heliport
land. Trustee Bogart noted that this has been referred to the Plan Commission.
Correction *An agreement should be worked out between the two parties by the Plan Commission.
Jaycees have requested use of the heliport for the July 4 celebration. Mr.
Soucy needs a letter for his approval which will be sent on to the State for
approval .
Following experimental test runs, effective June 1 , Buffalo Grove Civil Defense
is working in conjunction with the Police Department making nightly vandalism
patrols covering all schools.
Vandalism Ordinance
Trustee Rech reported that she and Chief Walsh had attended the meeting in
Northbrook with regard to a proposed Vandalism Ordinance. She noted that the
Village of Deerfield has had a 33% decrease in vandalism since adopting the
ordinance. If the ordinance is adopted in Buffalo Grove, specific references
will have to be made because the Village is not home-rule.
Resolution #76-16
President Fabish read Resolution #76-16 commending Al Griffith for his past
efforts as the Village Director of Golf Operations and wishing him success in
his new position. Moved by Mahoney, seconded by Carroll to approve Resolution
#76-16. Upon voice vote, the motion passed unanimously. President Fabish
presented Mr. Griffith with a plaque.
4. Questions from the audience
There were no questions from the audience.
5. COMMITTEE OF THE WHOLE
Side Yard Variations
The Board reviewed the Z.B.A recommendation for approval of side yard variation
at 1405 Oxford Drive. Petitioners were Jo Ann and Richard Smith.
Moved by Mahoney, seconded by Driscoll to approve the Smith 's requested
variation. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
The Board reviewed the Z.B.A. recommendation for approval of side yard
variation at 924 Knollwood Drive. Petitioners were Joseph and Kathleen
Lecinski .
Moved by Mahoney, seconded by Marienthal to approve the Lecinski 's requested
variation. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
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1970 Waterworks and Sewerage Bond Refunding
Mr. Shirley reviewed his report, dated June 3, 1976, regarding advance refunding
of the Water/Sewer System Bond Issue. Paul Winston, Don Cincotta, and Edgar
Smith of Midwest Securities Company were also present to answer questions. The
procedure would be to authorize a new bond issue, in an amount yet to be determined,
that would establish an escrow account , the purpose of which would be to refund
and repay the existing bond issue when it comes due. The escrow account would
be invested in government securities. Midwest Securities ' fee will be built
into the principal amount of the new issue. The Internal Revenue Service and
Federal Government regulate the amount of money a municipality can made on this
kind of transaction. Midwest Securities ' responsibility would be to maintain
control , invest the escrow account, and from the earnings would come the amount
the Village is permitted and their fees. The Village would be relieved of the
restrictions under the current bond issue because they would be absorbed by the
escrow account. Midwest Securities ' projection is that the Village would qualify
for an A rating instead of triple B,therefore a better interest rate. He asked for
authorization to place the information into Midwest Securities ' computer bank,
project the issue out year by year, finalize interest rate, finalize market,
and determine a final program.
In response to a question from Trustee Mahoney, Mr. Shirley stated there is no
liability on the part of the Village with regard to this study.
{
Moved by Mahoney, seconded by Rech to authorize the study in accordance with
the terms of the letter from Midwest Securities Company and subject to the
review of the Village Attorney.
President Fabish asked if a discount would be involved with the new issue. Mr.
Winston stated there would not. Mr. Shirley stated that Midwest Securities is
committing to purchase the new issue. Mr. Cincotta clarified that they are not
committing to a specific rate at this time.
Mr. Larson asked if the sale of the new issue would be let out to bid. Mr.
Winston stated that the part of the issue which the Village would be repaying
could be let out for bid.
In response to a question from Trustee Rech, Mr. Cincotta stated that this will
be an advance refunding of the defeasance type.
In response to a question from Trustee Rech, Mr. Winston stated that he felt
the A rating could be obtained because of good history of repayment of the
present issue.
President Fabish asked Mr. Raysa to check with Bob Sharp of Chapman and Cutler
with regard to this type of program.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
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Village Newsletter
Mr. Larson and Trustee Driscoll reviewed the proposal to edit and print the
Village Newsletter submitted by William Means of Trade Industrial Press Service.
Cost would be $600 for 6500 copies which is within the budgeted amount.
Trustee Mahoney asked if the Board wants and needs a newsletter. Discussion
followed with regard to the newsletter as a means of communicating with residents.
It was felt that information should be limited to official Village government
happenings.
Moved by Driscoll , seconded by Marienthal to have William Means print one issue
of the Village Newsletter. Upon roll call , the vote was:
AYES: 4 - Rech, Driscoll , Carroll , Marienthal
NAYES: 2 - Mahoney, Bogart
Motion declared carried.
Printing of future newsletter issues will be re-evaluated after this issue.
9:30 P.M. - The President declared a recess.
9:40 P.M. - The meeting resumed.
Crossings Public Land Dedication
The Board reviewed the Trustee's Deed for a five acre site in the Crossings
Planned Unit Development.
Trustee Bogart noted that the Park District has not commented on this public
land dedication and felt consideration should be tabled until hearing from them.
Mr. Raysa had the following comments with regard to Exhibit A of the deed:
1 . Paragraph 1 - the $175 per month rental may disqualify the property
from being tax exempt.
2. Paragraph 2 - if the property is not used for park purposes, ownership
will revert to Grantor.
3. Paragraph 3 - doubted that the Park District would like provision that
could not build additional buildings without approval of Grantor.
4. Paragraph 5 - did not feel paragraph made sense.
5. Paragraph 6 - should be more specific with regard to location and
amount of retention. Mr. Seaberg noted that it would be impossible
to provide retention on this property for the property described
because it is downstream.
�./ 6. Paragraph 7 - did not feel paragraph made sense.
Mr. Seaberg noted that the legal description of the property to be dedicated
(5. 3+ acres) includes a section of Fremont r.o.w. which was previously
dedicated. This makes the park dedication 4.9 acres.
Moved by Bogart , seconded by Carroll to table consideration of acceptance of
the deed until comment is received from the Park District. Upon roll call ,
the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
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Trustee Rech asked if the land must be conveyed to the Park District. Mr. Raysa
stated that if the annexation agreement so states, it must be conveyed. If the
agreement states it should be used for recreational purposes , the Village may use
it for that purpose. Trustee Bogart requested that the exact wording of the
agreement be determined.
Subdivision Code Amendment
Mr. Larson requested that consideration of an amendment to the Subdivision Code
regarding parkway tree locations be tabled until the staff's complete and
comprehensive report is ready for distribution. Mr. Whited stated that this
particular amendment would correct existing wording regarding spacing of parkway
trees. The present wording does not recite a maximum distance between trees.
Moved by Bogart, seconded by Carroll to table consideration of this amendment.
Upon roll call , the vote was :
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
General Service Officer
The Board reviewed a letter, dated May 20, 1976, from Mr. Raysa and a memo,
dated May 25, 1976, from Police Chief Walsh regarding the need of an ordinance
formally creating a General Service Officer position.
In response to a question from Trustee Rech, Mr. Raysa stated an ordinance is
necessary because the G.S.O. enforces Village Ordinances.
In response to a question from Trustee Carroll , Mr. Larson stated that the only
weapon used by a G.S.O. is a tranquilizer gun. After disucssion, Mr. Larson
stated that he will check to determine if this is the only weapon they use.
Moved by Bogart, seconded by Mahoney to direct the Village Attorney to prepare an
ordinance creating the General Service Officer position in accordance with Chief
Walsh 's memo of May 25, 1976. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Resolution #76-17
President Fabish read Resolution #76-17 providing supplemental funds for the
reconstruction of Arlington Heights Road, south of the County line. Moved by
Bogart, seconded by Carroll to approve Resolution #76-17.
In response to questions, Mr. Larson explained that when the State audited the
Village M.F.T. accounts, they requested a supplemental resolution to cover the
entire cost of Arlington Heights Road, south of the County line (5 CS) . Total
cost of the project was $143,765.97 of which $120,000.00 was appropriated through
Resolution #72-2. Even though Arlington Heights paid the Village $10,000 for their
share and Wheeling Township paid $24,067. 75, the supplemental resolution in the
amount of $23,765.97, must be passed as an accounting procedure so that the State
can clear their books of 5 CS.
In response to a question from Trustee Carroll , Mr. Larson stated that no additional
money will be spent on this project. The project is complete and all bills paid.
Trustee Rech noted that Arlington Heights and Wheeling Township paid their share
with M.F.T. funds and did not understand why the Village must appropriate for funds
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from other agencies. Mr. Larson stated that because the Village received
the money from these agencies, the Village must appropriate the funds for 5 CS.
Upon roll call , the vote was:
AYES: 4 - Mahoney, Rech, Driscoll , Carroll
NAYES: 2 - Bogart , Marienthal
Motion declared carried.
Trustee Bogart stated that his negative vote was because he disagreed with
Correction the project originally -;and felt that too much was given away for the remir Qf
road.
Ordinance #76-27
President Fabish read Ordinance #76-27, AN ORDINANCE AMENDING ORDINANCE NO. 76-25
(AN ORDINANCE REGULATING TRAFFIC AS AMENDED) . The ordinance restricts parking
on Plum Grove Circle east of Arlington Heights Road to Cooper Junior High School
and on Clohesey and Aspen at Twin Groves school/park site.
In response to a question from Trustee Carroll , Mr. Larson stated that signs
will be posted indicating parking avilable in school parking lots.
Trustee Carroll stated that people are parking on Arlington Heights Road and
felt the "No Parking" restriction should be enforced.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Public Hea r i nos
July 12, 1976, was set as the date for the public hearing on Centex Homes '
revised preliminary plan for property located on Weiland Road at Lake-Cook
Road (Ridgewood Planned Development) ,
Trustee Rech requested a report with regard to economic ramifications of
reduction in density of Ridgewood and the requirements of installing Well #6.
Mr. Larson noted that Board public hearings are not required for rezonings. He
noted that two will be coming before the Board and asked what procedure the
Board wished to follow. It was decided that the Price Veterinary Clinic
rezoning will be considered on June 14, 1976, and that notices should be sent
to property owners within 500 feet.
June 28, 1976, was set as the date to consider the Grand Spaulding Dodge
rezoning. Notice is to be published and mailed to property owners within
500 feet.
Trustee Carroll suggested that the dates of Centex and Grand Spaulding Dodge
hearings be reversed because she did not feel Grand Spaulding would be ready
for the hearing by June 28th. President Fabish polled the Board and found them
in favor of keeping the dates as set.
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Crossings Commercial Development
Moved by Bogart , seconded by Marienthal to refer to the Plan Commission and
Appearance Control Commission the request for final plat approval of the
Crossings Commercial Development. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
6. Board Comments
Golf Course
In response to a question from Trustee Rech, Mr. Larson stated that the recent
advertisement for a Clerk/Typist for the Golf Course was for a person to do
the daily reports, filing, and correspondence. The person filling the job
last summer has moved to Iowa. The person hired is aware that the position
will terminate in September or October depending on the golf season.
9 Crestview Terrace
Trustee Bogart noted that the backyard of 9 Crestview Terrace continues to
erode, and asked the status of the staff report. Mr. Larson stated that the
person compiling the report is no longer with the Village, but that the new
person will complete the report.
Dominion Law Suit
Mr. Raysa announced that the Dominion hearing has been set for July 9, 1976,
II
before Judge Berg.
Building Industry
Trustee Carroll stated that carpenters in the building industry have gone on
strike. She asked how this would effect the revenue picture of the Village.
Mr. Larson stated that most developers have taken out building permits for the
next two weeks.
7. Adjournment
Moved by Bogart, Seconded by Mahoney to adjourn the meeting. Upon voice vote,
the motion passed unanimously.
Time: 10:40 P.M.
Resp ully submitte
Verna L Clayton, Vi lage C er
PASSED AND APPROVED this /e/ day of , 1976.
Village President