1976-09-27 - Village Board Regular Meeting - Minutes 4712
9/2 7/76
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,
SEPTEMBER 27, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Fabish called the meeting to order at approximately 8: 10 P.M. Those
present stood and pledged allegiance to the Flag. The Clerk called the roll
and found the following:
PRESENT: President Fabish; Trustee Mahoney, Driscoll , Bogart, Carroll ,
Marienthal. Trustee Rech arrived at 9:00 P.M.
Also present were Richard Glueckert, Acting Village Manager; Richard Raysa and
William Raysa, Village Attorney; Nick Rubino, Village Charles McCoy,
� 99 Treasurer;
Director of Public Works; Harry Walsh, Chief of Police; Carl Rapp, Director of
Community Development; and William Whited, Administrative Assistant.
1 . Minutes of September 20, 1976
Moved by Bogart, seconded by Carroll to approve the minutes of the regular
meeting held September 20, 1976, as published.
Trustee Bogart said that two newspapers reported that the Village had decided
to purchase the golf course. He referred to the motion on page 4708 and noted
that it was to gather further information regarding a loan to purchase the golf
course.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
2. Warrant #344
Nick Rubino presented Warrant #344, in the amount of $149,449.28. Moved by
Marienthal , seconded by Driscoll to approve Warrant #344.
Trustee Marienthal questioned the expenditure, in the amount of $4,527.64, under
Police to Chalet Ford for the station wagon. Because he felt the vehicle has
not been repaired fully, he requested payment be removed from the warrant. Mr.
McCoy said that the engine fire was determined to be of a "suspicious nature";
therefore, repair is to be handled by the insurance company. He said the
mechanic will inspect the repairs before accepting the vehicle.
Trustee Carroll noted the expenditure, in the amount of $1 ,670, under Police to
Motorola for radio equipment, and stated that she would abstain from voting on
the warrant because she is employed by Motorola.
Upon roll call , the vote was:
AYES: 3 - Driscoll , Bogart, Fabish
NAPES: 1 - Mahoney
ABSTAIN: 2 - Carroll , Marienthal
ABSENT: 1 - Rech
Motion declared carried.
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3. President's Report
Finance Committee
President Fabish appointed James Shirley to the Finance Committee. Moved by
Mahoney, seconded by Driscoll to concur with the appointment. Upon voice vote,
the motion passed unanimously.
Voter Registration
President Fabish announced that on Tuesday, October 5, 1976, from 8:00 A.M. until
9:00 P.M. there will be voter registration at regular polling places for Cook
County residents. Lake County residents may register at Village Hall until
October 4, 1976.
4. COMMITTEE OF THE WHOLE
Park Land Committee Report
Trustee Bogart reported that the joint committee to review park land met on
Saturday, September 18, 1976, and arrived at certain recommendations (copy of
report is attached to the minutes) . He said the staff has accepted the report.
The Park Distract approved the report subject to approval of their attorney.
He requested that each recommendation be considered separately.
Moved by Bogart, seconded by Driscoll to direct the Village Attorney to prepare
an amendment to Resolution #72-35 to incorporate Appendix A of the report
(Guidelines for Determining Suitability of Lands to be Dedicated for Parks and
Recreation) . Upon roll call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Trustee Bogart requested Mr. Raysa to investigate the possibility of including
the guidelines in the Subdivision Regulations.
Moved by Bogart, seconded by Driscoll to accept Appendix B of the report (Review
Procedures for Developer Park and Recreation Donations) as the procedure for
the staff and Plan Commission to follow for park and recreation donations.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
In response to a question from President Fabish, Park Commissioner Lapham said
that the Park District has four different tax levies (General , Recreation,
Museum, and Insurance) and there are restrictions as to how the funds in the
different levies are used. He said that funds for any extensive capitol develop-
ment would have to come through a referendum because funds in the general fund
are not sufficient to support a major capitol improvement program.
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In response to a question from President Fabish, Commissioner Lapham said that
funds available for capitol improvement do not allow for any long range plans.
Moved by Bogart, seconded by Driscoll to approve item 1 of the report regarding
the Village's retaining ownership of the 2 - acre detention basin in Strathmore
Grove. Discussion followed. Upon roll call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Moved by Bogart, seconded by Driscoll to accept item 2 of the report to transfer
the deed to the one acre neighborhood park in Strathmore Grove to the Park
District as soon as any liens or incumbrances are cleared.
Trustee Carroll asked who would pay the real estate taxes. Mr. Raysa said that
there should be only current taxes up to the time the Village received the
property.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Moved by Bogart, seconded by Driscoll to direct the Village Attorney to prepare
a 5 year lease between the Village and the Park District on Site 21 located
north of Checker Drive on Arlington Heights Road.
In response to a question from Mr. Raysa, Trustee Bogart stated that installa-
tion of the sidewalk along this site is included in plans for widening of
Arlington Heights Road with F.A.U.S. funds.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Trustee Bogart said the committee recommends that the flat area of the White
Pine Strip be deeded to the Park District and that the remaining slopes and
ditch remain under the ownership and maintenance of the Village. He asked
what expense would be involved in preparing a plat of survey. Mr. McCoy said
that it would cost approximately $700.
In response to a question from Trustee Carroll , Commissioner Lapham said the
Village is technically better equipped to handle problems associated with the
ditch and waterway.
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Moved by Carroll , seconded by Bogart to table consideration of deeding the
White Pine Strip to the Park District until information is received from the
Park District with regard to paying for the plat of survey. Upon roll call ,
the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Moved by Bogart, seconded by Driscoll to accept item 5 of the report regarding
the Village retaining ownership of Strathmore Court interior parkway. Upon roll
call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Moved by Bogart, seconded by Driscoll to direct the Village Attorney to prepare
a transfer of deed on the Grand Spaulding Dodge Park Site to the Park District
when deed is received from Grand Spaulding.
Trustee Rech arrived. 1
Commissioner Lapham referred to the clay stockpiled on the site, and asked what
control the Village would have on the final condition prior to conveyance. Mr.
McCoy said the land would be leveled but not fine graded.
In response to a question from Trustee Carroll , Trustee Bogart said the access
road along the west of the park site would be constructed by Grand Spaulding
during phase 2 of their development.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Moved by Bogart , seconded by Driscoll to direct the Village Attorney to pre-
pare a transfer of deed to the Park District on the Crossings 5 acre cultural
art center and 7 acre retention area upon acceptance by the Village. Upon roll
call , the vote was:
AYES: 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSTAIN: 1 - Rech
Motion declared carried.
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9/27/76
Moved by Bogart, seconded by Driscoll to accept item 9 of the report that
agenda and minutes of the respective boards be mailed to the trustees/commissioners
on the date of their distribution and that Plan Commission agenda and minutes be
distributed to the Park Board.
It was noted that presently, agenda and minutes are mailed to the Park District
office. Discussion took place with regard to the respective staffs distributing
minutes and agenda when received in their office. Trustee Mahoney did not feel
it was necessary to receive minutes and agenda of all meetings, and suggested
that each staff distribute pertinent information to their Board.
Upon roll call , the vote was:
AYES: 2 - Driscoll , Bogart
NAYES: 4 - Mahoney, Rech, Carroll , Marienthal
Motion defeated.
Santoro Property
The Board reviewed a letter, dated August 18, 1976, from Salvatore Santoro
requesting Ordinances #70-16, #70-17, and #70-18, dated June 8, 1970, and
amended May 27, 1975, relating to Parcel A which covers the annexation and
zoning of the property be extended for a period of 31 years with the zoning
and allowable uses as originally granted. Property is zoned B-2 and located
on Lake-Cook Road at Route 83.
Mr. Santoro explained that the extension would enable him to wait to develop
when Lake Cook Road is complete. Discussion followed regarding timetable for
Lake Cook Road construction.
Moved by Mahoney, seconded by Rech to grant an extension of the B-2 zoning for
Parcel A described in Ordinance #70-18, until December 1 , 1978, and direct the
Village Attorney to prepare the necessary ordinance. Upon roll call , the vote
was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Ordinance #76-38
President Fabish read Ordinance #76-38, AN ORDINANCE PROHIBITING TRESPASS TO
PROPERTY AND IMPOSING CERTAIN PENALTIES THEREFOR, (Vandalism Ordinance) . Moved
by Mahoney, seconded by Bogart to approve Ordinance #76-38.
After discussion, the following change was made: Section 2 (c) - delete words
"a Circuit Court of this State" and replace with "any court of record".
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
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Ordinance #76-39
Moved by Rech, seconded by Driscoll to remove from table consideration of
Ordinance #76-39, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF 1961 AS AMENDED.
The ordinance grants to the Zoning Board of Appeals certain authorities regarding
variances in R-1 through R-6 zoning districts. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Trustee Mahoney stated that this ordinance is a compromise by stating if
either the petitioner or any property owner objects to the Zoning Board of
Appeals ' decision, it has to be referred to the Village Board.
Moved by Mahoney, seconded by Marienthal to approve Ordinance #76-39. Upon
roll call , the vote was:
AYES: 4 - Mahoney, Driscoll , Marienthal , Fabish
NAYES: 3 - Rech, Bogart, Carroll
Motion declared carried.
Trustees Rech and Bogart stated that their negative votes were because variances
to be granted have to be weighed carefully.
10:00 P.M. - The President declared a recess.
10: 15 P.M. - The meeting resumed.
Halloween
After discussion, it was decided that Trick or Treat should be on October 31 .
The Board requested a recommendation from the Police Department regarding hours
for Trick or Treating.
Ordinance #76-40
President Fabish read Ordinance #76-40, ORDINANCE AMENDING THE PLUMBING CODE
OF THE VILLAGE OF BUFFALO GROVE. The ordinance requires water saving devices.
Moved by Rech, seconded by Driscoll to approve Ordinance #76-40.
Trustee Carroll noted that the original idea was to require water saving
devices on flush tanks, but this ordinance requires other types, also. Mr.
McCoy felt the types of devices should be more clearly defined by limiting
the amount of gallons per minute. It was decided to reword the ordinance.
Moved by Bogart, seconded by Carroll to table consideration of Ordinance #76-40.
Upon roll call , the vote was:
AYES : 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
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Ordinance #76-41
President Fabish read Ordinance #76-41 , AN ORDINANCE AMENDING THE LIQUOR
CONTROL ORDINANCE, AS AMENDED, BEING ORDINANCE NO. 0-60-12. The ordinance
provides for a semi-annual fee. Moved by Bogart , seconded by Mahoney to
approve Ordinance #76-41 . Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Marienthal
NAYES: 1 - Carroll
Motion declared carried.
Ordinance #76-42
Trustee Mahoney read Ordinance #76-42, AN ORDINANCE LICENSING PASSENGER VEHICLES.
The ordinance outlines regulations for taxi cabs. Moved by Rech, seconded by
Mahoney to approve Ordinance #76-42.
After discussion , the Clerk was requested to review ordinances of other
municipalities and determine average figures for age of vehicle, inspection time,
and fee.
Moved by Mahoney, seconded by Rech to table consideration of Ordinance #76-42.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Parking/Irvin School
The Board reviewed a memo, dated September 3, 1976, from Chief Walsh recommend-
ing certain parking restrictions at Washington Irving School .
Moved by Bogart, seconded by Mahoney to direct the Village Attorney to prepare
the necessary ordinance to provide for the parking restrictions. Upon roll
call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declare.: carried.
Pavement Evaluation
Mr. McCoy reviewed his memo, dated August 18, 1976, recommending a scientific
engineering evaluation of new pavement construction before acceptance by the
Village.
Bob Novak of Novak, Dempsey & Associates, Inc. , reviewed his 1976 Municipal
Pavement Evaluation Program.
In addition to evaluating new pavement, Mr. McCoy said the program could be
used to determine the extent of repair needed on existing streets and to
determine amount of deterioration caused by construction traffic.
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Trustee Marienthal requested a list of municipalities using this program.
In response to a question from Trustee Marienthal , Mr. McCoy stated that streets
in Strathmore Grove, The Crossings, and arterial streets can be evaluated for a
cost of $6,750.
In response to a question from Trustee Marienthal , Mr. McCoy stated that
presently there are no other companies providing this program.
Trustee Carroll stated that this item was not included in the budget. Mr.
McCoy said that the State has refused to authorize the Cutler Repaving program
because they were not the low bidder; therefore, funds budgeted for that program
could be used for pavement evaluation.
In response to a question from Trustee Rech, Mr. Novak said that they are
professional engineers and their data will hold up in court.
Moved by Bogart, seconded by Mahoney to accept the pavement evaluation program
outlined by Novak, Dempsey and Associates, Inc. of Palatine and Mr. McCoy's
report, dated August 18, 1976, with cost of the program not to exceed $6,750
and to waive bids. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Kay's Animal Shelter
Moved by Marienthal , seconded by Mahoney to authorize payment, in the amount of
$250, to Kay's Animal Shelter per Chief Walsh 's memo, dated September 16, 1976.
Upon roll call , the vote was :
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Resolution #76-43
President Fabish read Resolution #76-43, a resolution requesting the State
Legislature to make amendments to the Election Code. Moved by Mahoney, seconded
by Rech to approve Resolution #76-43. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Resolution #76-44
President Fabish read Resolution #76-44 providing for emergency mutual aid in
Public Works. Moved by Bogart, seconded by Mahoney to approve Resolution #76-44.
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Trustee Carroll did not feel this resolution is necessary because emergency
mutual aid is covered in the E.S. D.A. ordinance and State Statutes. Trustee
Rech felt that this resolution covers different emergencies than the E.S. D.A.
ordinance.
Mr. McCoy said that the resolution was requested by the Northwest Municipal
Conference and that 5 municipalities have passed similar resolutions.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal
NAYES: 1 - Carroll
Motion declared carried.
Resolution #76-45
President Fabish read Resolution #76-45 providing for planned mutual aid in
Public Works. Moved by Driscoll , seconded by Marienthal to approve Resolution
#76-45. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES : 0 - None
Motion declared carried.
M. F.T. Audit
Upon review, it was moved by Marienthal , seconded by Bogart to accept for filing
the audit report for the Motor Fuel Tax Fund for the audit year ending December
31 , 1973. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Executive Session
President Fabish declared an executive session to discuss litigation.
Time: 11 :20 P.M. until 11 :22 P.M.
5. Board Comments
Strathmore Grove
Trustee Rech said the residents of Strathmore Grove are experiencing problems
with youths driving cars from one hammerhead cul de sac to the other and ruining
sod and new lawns. She suggested that pilings be installed to prevent this.
The Board requested Mr. Glueckert to request the Village Engineer to investigate
the problem and make a recommendation to eliminate it.
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6. Adjournment
Moved by Marienthal , seconded by Driscoll to adjourn the meeting. Upon voice
vote, the motion passed unanimously.
Time: 11 :25 P.M.
Respectfully submitted,
c_ _ •
Verna L. Clayton, Village, lerk
PASSED AND APPROVED this % day of , 1976.
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Vil age President