1976-08-02 - Village Board Regular Meeting - Minutes 4664
8/2/76
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,
AUGUST 2, 1976, 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 Rech , Bogart, Carroll , Marienthal
Trustee Driscoll arrived at 8:30 P.M.
ABSENT: Trustee Mahoney
Also present were Daniel Larson, Village Manager; Richard Raysa and
William Raysa, Village Attorney; Charles McCoy, Director of Public Works;
Carl Rapp, Assistant Village Engineer; and William Whited, Administrative
Assistant.
1 . Mi-nutes of July 26, 1976
Moved by Bogart, seconded by Carroll to approve the minutes of the
regular meeting held July 26, 1976, as published. Upon roll call , the
vote was:
AYES: 4 - Bogart, Carroll , Marienthal , Fabish
NAYES: 0 - None
ABSTAIN: 1 - Rech
ABSENT: 2 - Mahoney, Driscoll
Motion declared carried.
2. President 's Report
Next Meeting
Discussion took place with regard to Board meembers that would be on
vacation next week and to agenda items that need to be considered in
August. Trustee Driscoll arrived during the discussion.
Moved by Bogart , seconded by Marienthal to forego the Village Board
meeting of August 9, 1976, because of the number of Board members that
cannot be present, and to meet on the fifth Monday, August 30, 1976,
instead. Upon roll call , the vote was:
AYES: 4 - Rech, Driscoll , Bogart, Marienthal
�./ NAYES: 0 - None
ABSTAIN: 1 - Carroll
ABSENT: 1 - Mahoney
Motion declared carried.
Bus Service
President Fabish stated that for 100% funding by R.T.A. , the Buffalo Grove
bus service was required to average a minimum of 185 riders per day, and
that the service is now averaging 210 daily riders.
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President Fabish read a letter, dated August 2, 1976, from Joseph DiJohn,
Executive Director and General Manager of North Suburban Mass Transit
District, requesting Buffalo Grove to loan them $5,000, to be reimbursed
from monies expected from the R.T.A. The purpose of the loan is for
continuation of operation of the NORTRAN bus system until September 7,
1976. Lengthy discussion followed regarding legality and repayment of
the loan and other alternatives.
Moved by Rech, seconded by Marienthal to direct the Village Attorney to
prepare a resolution stating that the Village agrees to loan NORTRAN a
weekly sum, not to exceed $250, from now until October 4, 1976, contingent
upon continuation of the Buffalo Grove bus route, and that the loan will
be repaid, with 6% interest , within 30 days after the R.T.A. funding is
cleared. Upon roll call , the vote was:
AYES: 4 - Rech, Driscoll, Bogart , Marienthal
NAYES: 1 - Carroll
ABSENT: 1 - Mahoney
Motion declared carried.
Buffalo Grove Days
President Fabish read a letter, dated July 30, 1976, from Albert Frank of
Albert Frank & Associates, Ltd. On behalf of the Ranch Mart Shopping Center
and Oak Creek Apartments, he sent a check, in the amount of $1 ,776, to help
make Buffalo Grove Days 1976 a memorable one for the citizens.
Discussion took place with regard to accepting the check. It was noted
that other merchants have donated money for Buffalo Grove Days in return
for advertising in the parade. Trustee Bogart stated the cut back on
Buffalo Grove Days events is because of lack of help, not because of lack
of money.
Moved by Bogart, seconded by Carroll to accept the check, place it in
the Buffalo Grove Days fund, and thank Mr. Frank and other merchants for
their contributions.
Trustee Rech did not feel there should be a motion to accept the check
because the other checks were not accepted in the same manner. Trustee
Bogart stated that the other checks were for advertising in the parade.
Upon roll call , the vote was :
AYES: 4 - Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSTAIN: 1 - Rech
ABSENT: 1 - Mahoney.
Motion declared carried.
Park District
President Fabish read a letter from Trustee Bogart requesting that he be
relieved as liaison to the Park District. He asked if any other Trustee
would like to assume the position. There being no response, he said the
appointment will be made at a later time.
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3. Questions from the Audience
Buffalo Grove Days
Corolene Johnson, 6 Springside Court, requested the Board to consider
eliminating the water fights during Buffalo Grove Days because it is a
waste of water. She noted an article in the Buffalo Grove Herald regarding
Village staff concern of water shortage.
Mrs. Johnson stated that she is opposed to the recommendation to restrict
outside watering every day between the hours of 3:00 and 9:00 P.M. She
felt the current restrictions are workable if the citizens would adhere
to them.
Trustee Bogart stated that Chief Winter has advised that he would be unable
to pump water from the creek for the water fights because there is the
possibility a stone could destroy the pump. He said the staff has advised
that the water fights would use approximately 30,000 gallons during the
four hours. President Fabish felt there are ways to prevent a stone from
damaging a pumper.
Mr. McCoy stated that by limiting the use of water between 3:00 and 9:00
every day when the peak domestic flows occur, the water usage will approach
consistency. He felt the recommended proposal would be easier to enforce.
Discussion followed.
Trustee Rech felt Mr. McCoy's recommendations should be accepted because
he knows the Village water system and its needs.
Trustee Carroll suggested retaining the present restrictions (odd numbered
houses watering on certain days and even numbered watering on the other
days) in order to restrict the total water usage and also have no watering
from 4:00 to 7:00 P.M. which would give working people the opportunity to
water in the evening after 7:00 P.M. Discussion followed.
Trustee Marienthal requested a report from the Chief of Police with regard
to enforcement of the proposal .
Moved by Rech, seconded by Bogart to approve the recommendation of Mr.
McCoy as outlined in his memo, dated July 22, 1976, in regard to amending
Section#2 of Ordinance #70-05 restricting outside-of-the-building use of
water every day between the hours of 3:00 and 8:00 P.M. ; to direct the
Village Attorney to prepare the necessary ordinance; and to solicit the
opinion of the Chief of Police with regard to enforcement. Upon roll call ,
the vote was:
AYES: 4 - Rech, Driscoll , Bogart, Marienthal
NAYES: 1 - Carroll
ABSENT: 1 - Mahoney
Motion declared carried.
President Fabish polled the Board, "YES" indicating favor of the water
fights and "NO" indicating opposition. The poll found the following:
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YES: 1 - Driscoll
NO: 3 - Rech, Carroll , Marienthal
ABSTAIN: 1 - Bogart
ABSENT: 1 - Mahoney
Trustee Rech stated that her negative response was because the water used
for the water fights comes from an aquifer that supplies water for all the
northwest suburban area. She noted that last year was the first time water
fights were a part of Buffalo Grove Days.
It was suggested that the Long Grove Fire Protection District be contacted
to determine if their pumper could be used for pumping water from Buffalo
Creek. It was also suggested to look into the possibility of using the
golf course wells. Trustee Bogart stated that the Committee must know
within two weeks.
4. COMMITTEE OF THE WHOLE
Snow Plow
Mr. McCoy reviewed his memo, dated July 22, 1976, regarding the need of
a six-wheel truck with plow and salt spreader system to replace Unit #414.
It was noted that this item has been budgeted.
Moved by Marienthal , seconded by Rech to go out for bids in accordance
with Mr. Mc'Toy's memo, dated July 22, 1976, and specifications outlined.
Upon roll call , the vote was:
AYES: 5 - Rech, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Mahoney
Motion declared carried.
Resolution #76-39
Trustee Rech read Resolution #76-39, a resolution regarding the loan to
NORTRAN discussed earlier in the meeting. Moved by Bogart, seconded by
Rech to approve Resolution #76-39. Upon roll call , the vote was:
AYES: 4 - Rech, Driscoll , Bogart, Marienthal
NAYES: 1 - Carroll
ABSENT: 1 - Mahoney
Motion declared carried.
Environmental Control Commission Appointments
Upon recommendation of the Environmental Control Commission, President
Fabish appointed Jack Litz as Chairman and Marie Weber as Secretary, and
reappointed Herb Dorn to the Commission for a term to expire on April 30,
1979• Moved by Rech, seconded by Marienthal to concur with the appointments.
Upon voice vote, the motion passed unanimously.
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Plan Commission Appointments
Upon recommendation of the Plan Commission, President Fabish reappointed
Burton Harris and Howard Mendenhall to the Commission for terms to expire
on April 30, 1979. Moved by Bogart, seconded by Rech to concur with the
appointments. Upon voice vote, the motion passed unanimously.
Lake Michigan Water Supply
Mr. Larson stated the Village of Palatine has invited Buffalo Grove's
officials to attend a public meeting on Lake Michigan water supply to be
held at the Palatine District Library, at 7:30 P.M. on Wednesday, August 11 ,
1976. President Fabish urged Board members to attend the meeting.
Arlington Heights Road at Route 83
The Board reviewed a letter dated July 26, 1976, from James Otis requesting
annexation of a 51 acre parcel located at the northwest corner of Arlington
1 Heights Road and Route 83.
Moved by Bogart , seconded by Rech to table consideration of the request
until it is determined what the property is designated on the Master Plan.
Upon roll call , the vote was:
AYES: 2 - Rech, Bogart
NAYES: 3 - Driscoll , Carroll , Marienthal
ABSENT: 1 - Mahoney
Motion defeated.
Moved by Marienthal , seconded by Driscoll to refer the request to the Plan
Commission for the necessary public hearings. Upon roll call , the vote
was:
AYES: 3 - Driscoll , Bogart, Marienthal
NAYES: 2 - Rech, Carroll
ABSENT: 1 - Mahoney
Motion declared carried.
Trustee Rech stated her negative vote was because she did not like that
location for a gas station. Trustee Carroll stated her negative vote was
because the property is on Route 83 and is in an area that Mr. Haralson,
Town Center consultant, has recommended the Board to be careful with regard
to allowing commercial .
Executive Session
Moved by Driscoll , seconded by Rech to adjourn to executive session to
discuss litigation. Upon roll call , the vote was:
AYES: 5 - ,^,ech, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Mahoney
Motion declared carried.
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Time: 10:00 P.M.
The Board returned to the council chambers at 10:55 P.M.
Ordinance #76-30
The Board read Ordinance #76-30. an ordinance providing for the Emergency
Services and Disaster Agency and repealing ordinance creating the Civil
Defense Agency and Commission. Moved by Bogart , seconded by Marienthal to
approve Ordinance #76-30.
After discussion, the following changes were made:
Section 2 (c) - delete the words "or Village Manager"
Section 2 (d) - delete the words "or Village Manager"
Section 12 - changed to read "Office: Space shall be designated by
the Village President and Board of Trustees in the Village building
or elsewhere, for use by the Buffalo Grove's ESDA as its office and
Emergency Operating Center (EOC) ."
Section 15 - delete "negligently causing" (in two places)
Section 16 - third sentence - change "should" to "shall"
Upon roll call , the vote was:
AYES: 5 - Rech, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Mahoney
Motion declared carried.
Zoning Board of Appeals Responsibilities
President Fabish read a proposed ordinance amending the Zoning Code to
increase the responsibilities of the Zoning Board of Appeals.
In response to a question from Trustee Marienthal , Mr. Raysa stated that
this ordinance will not apply to new developments, but will be for variations
on a single lot basis .
Moved by Bogart (for discussion purposes) , seconded by Marienthal to approve
the proposed amendment to the Zoning Ordinance.
Trustee Bogart did not feel Commissions should be given as much power as
this ordinance would. He felt these were Village Board responsibilities.
Trustee Rech stated that when a 33 1/3% variance is granted, it causes
problems with the storm water run-off design. She felt the Board should
be careful about the number of variances to be granted.
Moved by Driscoll , seconded by Rech to table consideration of the proposed
amendment to the Zoning Ordinance until the full Board is present. Upon
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roll call , the vote was:
AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
ABSENT: 1 - Mahoney
Motion declared carried.
Ordinance #76-31
Trustee Marienthal read Ordinance #76-31 , AN ORDINANCE AMENDING ORDINANCE
NUMBER 72-35 (AMUSEMENT ACTIVITIES) . Moved by Marienthal , seconded by
Driscoll to approve Ordinance #76-31 .
In response to a question from Trustee Rech, Mr. Larson stated that any
separate police protection required over and beyond normal patrol will be
paid by the carnival if it is deemed necessary by the Chief of Police; and
if the carnival will not agree to retain off-duty policemen, the Chief will
not approve the permit.
In response to a question from Trustee Carroll , Mr. Larson stated if a
carnival runs more than four days, they must pay new fees.
Upon roll call , the vote was:
AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
ABSENT: 1 - Mahoney
Motion declared carried.
Resolution #76-40
President Fabish read Resolution #76-40 setting forth the Ethics Policy.
Moved by Carroll , seconded by Rech to approve Resolution #76-40. Upon roll
call , the vote was:
AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
ABSENT: 1 - Mahoney
Motion declared carried.
Strathmore Grove Park
President Fabish reviewed a letter dated July 15, 1976, from L. P. Shassian ,
Vice President of Levitt Homes. He said that Levitt intends to consider and
possibly undertake providing a parking area and access for the park site in
Strathmore Grove. Trustees Rech and Bogart felt ten parking spaces would
be adequate.
Trustee Rech stated that when the parking area question is finalized, she
has made arrangements to have play equipment put on the site.
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Mr. Larson rioted that the parking will be temporary until the site is
developed.
5. Board Comments
Finance Committee
Mr. Larson stated that a Finance Committee meeting has been scheduled for
Tuesday, August 3, 1976, and urged all Board members to attend. Items to
be discussed are purchase of the golf course and refunding of water revenue
bonds.
Because few Board members were able to attend, it was decided to reschedule
the meeting to Tuesday, September 7, 1976. Mr. Larson was asked to contact
insurance companies with regard to financing the golf course purchase.
Chevy Chase Annexation
In response to a question from Trustee Rech, Mr. Larson stated that Bob
Grossman of Associated Planners is working for the Johnson family in
connection with their petition for annexation.
Share +3
Trustee Rech noted that Share +3 had voted to go out for referendum to
form a Water District. Mr. Larson stated that the executive committee of
Share +3 had changed their minds on the matter. He noted that the Village
has the right to withdraw from Share +3 with liabilities assumed up to
the date of withdrawal .
6. Adjournment
Moved by Bogart, seconded by Driscoll to adjourn the meeting. Upon voice
vote, the motion passed unanimously.
Time: 12:25 A.M.
Respectfully submitted,
r
6 C >
1�ern'a L."Clayton, Village Clerk
PASSED AND APPROVED this 73 day of (9_,„7„.7` , 1976.
7 Kr 4,
Village President