1976-10-11 - Village Board Regular Meeting - Minutes 4728
10/11/76
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,
OCTOBER 11 , 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Fabish called the meeting to order at approximately 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 Mahoney, Rech, Driscoll , Bogart, Carroll
ABSENT: Trustee Marienthal
Also present were Daniel Larson , Village Manager; Richard Raysa, Village Attorney;
Nick Rubino, Village Treasurer; Carl Rapp, Director of Community Development;
William Davis, General Superintendent of Public Works; and William Whited,
Administrative Assistant.
1 . Minutes of October 4, 1976
Moved by Carroll , seconded by Driscoll to approve the minutes of the regular
meeting held October 4, 1976. Trustee Rech requested the following additions:
1 . Page 4725 - under Ordinance #76-43 - "Mr. Raysa submitted a revised
section 2 which followed State Statutes."
2. Page 4727 - under Strathmore Grove Park - "General consensus of the Board
was that the play apparatus should be installed."
Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried with additions.
2. Warrant #345
Nick Rubino presented Warrant #345, in the amount of $147,759.46. Moved by
Carroll , seconded by Rech to approve Warrant #345.
Trustee Bogart asked if space rental is charged to E.S.D.A. as is done with the
Water Fund. Mr. Larson said the Water Fund is an enterprise fund with funds
received from useage fees and the ESDA received their funds from property taxes;
therefore, ESDA is not charged space rental .
Upon roll call , the vote was :
AYES: 4 - Rech, Driscoll , Bogart , Carroll
NAYES: 1 - Mahoney
ABSENT: 1 - Marienthal
Motion declared carried.
4729
10/11/76
3. President's Report
William Dettmer
President Fabish presented William Dettmer, Chief Inspector, a plaque expressing
appreciation for a job well done. Mr. Dettmer is leaving Village employment to
accept a position in Evanston.
Zoning Board of Appeals Appointments
Upon recommendation of the Zoning Board of Appeals, President Fabish reappointed
Richard Heinrich as Chairman of the Z.B.A. for a seven year term. Moved by
Mahoney, seconded by Driscoll to concur with the appointment. Upon voice vote,
the motion passed unanimously.
Upon recommendation of the Zoning Board of Appeals, President Fabish appointed
Alan Garfield to the Z.B.A. for a seven year term. Moved by Carroll , seconded
by Bogart to concur with the appointment. Upon voice vote, the motion passed
unanimously.
Upon recommendation of the Zoning Board of Appeals, President Fabish appointed
Stanley Haarr to the Z.B.A. for a seven year term. Moved by Carroll , seconded
by Rech to concur with the appointment. Upon voice vote, the motion passed
unanimously.
Industrial Commission Appointment
I
Upon recommendation of the Industrial Commission, President Fabish appointed
Charles Heinzelman to the Industrial Commission for a term to expire April 30,
1980. Moved by Bogart, seconded by Rech to concur with the appointment. Upon
voice vote, the motion passed unanimously.
Chicagoland Airport
President Fabish read a letter, dated September 24, 1976, from Robert McKanna,
Superintendent of School District 125, requesting support in preventing the
proposed expansion of Chicagoland Airport from affecting the school district.
Trustee Mahoney requested that the matter be placed on the agenda of the meeting
to be held October 18. He requested the staff to obtain information from
persons petitioning for the expansion so that both sides of the argument can
be considered.
Brain Research Week
Upon request of the Buffalo Grove Junior Women 's Club, President Fabish
proclaimed the week of October 18-22, 1976, as Brain Research Week in
Buffalo Grove.
4. Questions from the Audience
There were no questions from the audience.
4730
10/11/76
1
5. COMMITTEE OF THE WHOLE
Crossings Unit I
President Fabish acknowledged petitions, bearing 129 signatures, from residents
of The Crossings Condominiums requesting the Village to eliminate the require-
ment for the placement of additional street lighting along the interior roads
of all phases of The Crossings. He also acknowledged petitions, bearing 77
signatures, from residents of Phase I of The Crossings Condominiums requesting
the Village to accept dedication of the Phase I interior streets upon completion
of curb and gutter installation.
James Button, President of The Crossings Homeowners Association, displayed a
diagram of The Crossings street lighting plan. The original plan called for 29
lights and poles, and the revised plan deleted 11 . He said the revised plan
was prepared by The Richards Group in concert with the Village staff and the
Homeowners Association. He said the lights are unattractive and not in keeping
with the architectural look of The Crossings. He said the lights are unnecessary
because the townhomes are equipped with photoelectric cell lights attached to
the garages within 15 feet of the street which provide adequate light.
Mr. Larson stated that he is awaiting a report from the Police Department
regarding their review of the revised plan.
In response to a question from Trustee Bogart , Mr. Davis said that Mr. McCoy
recommends lights at the intersections.
In response to a question from Trustee Bogart, Mr. Button said there are 95
units in Phase I , 50 in Phase II , and 88 in Phase IV.
In response to a question from Trustee Mahoney, Mr. Button said there is a
maintenance person who replaces lights that burn out.
Mr. Larson stated that the Department of Community Development and the Depart-
ment of Public Works recommend the original street light plan be approved.
It was noted that Village Ordinance requires a street light at every intersection
or every 400 feet. Mr. Raysa stated that the Village Board has the right to
waive the requirement, but that street lights are for the protection of the
people. Trustee Mahoney felt that if a person were injuried in an accident, it
is possible the Village could be enjoined for failing to enforce the ordinance.
Trustee Mahoney said it is clear that the residents in that area do not want
the street light, but he felt the Board should defer making a decision until
receipt of the Police Department and Village Engineer reports. Mr. Raysa said
that a public hearing is not required to waive requirements of this ordinance.
Mr. Heinrich, member of the Zoning Board of Appeals, said that the residents
may find that they want the lights in the future. He suggested that the
developer be required to install the wiring and to place money in escrow for
light standards. Trustee Mahoney felt there should be an agreement between
the Village and the Homeowners Association reciting that the Association will
be responsible for installing street lights at a later time if they are found
to be necessary. He also felt that an escrow fund should be an agreement
between the developer and the Association.
4731
10/11/76
One of the residents stated that when the ordinance was written, there was no
area with a 100-family concentration with the amount of candlepower on garages
as in The Crossings. He said the residents are concerned about being over-
burdened with light. He said the residents feel the existing lighting is
adequate for safety.
Trustee Carroll asked Mr. Rapp if he could submit to the Board a report regard-
ing the candle power at the intersections by next week. He said that he could.
Moved by Carroll , seconded by Mahoney to table consideration of The Crossings
street lighting plan for 1 week until additional information is received from
the staff.
Discussion took place between the Board and the large number of residents present
regarding length of time to prepare reports, safety factors, amount of existing
candlepower from garage lights, an agreement with the Homeowners Association
obligating them to install street lights if it is deemed necessary in the future,
aesthetics, and amount of candlepower on other streets in the Village.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
At this point , the Board considered the petitions regarding dedication of
private streets.
Mr. Button said that when The Crossings was first considered, the developer
wanted a "country" atmosphere with private roads; however, developers and Village
Boards have found problems with private streets because maintenance and control
are beyond the ability of a Homeowners Association. He said the only private
streets in The Crossings are in Phase I , namely Bristol Lane, Franklin Lane,
and Farnsworth Lane. He requested that these streets be dedicated when the
curbs and gutters are installed.
In response to a question from Trustee Rech, Mr. Rapp said that structural
strength of the street must be determined.
Discussion took place regarding maintenance and design of street meeting Village
standards.
Moved by Carroll , seconded by Mahoney to accept the streets in Phase I of The
\„/
Crossings as dedicated streets
g r is to the Village with the stipulation that The
*CORRECTION Richards Group will install curbs and gutters *and that the streets would have
been evaluated and brought up to Village standards.
The Richards Group is to prepare the plat of dedication for the streets.
In response to a question from Trustee Rech, Mr. Larson said that the street
evaluation study, which includes the streets in question , will be complete
before the plat of dedication is presented for Board approval .
4732
10/11/76
Upon roll call , the vote was:
1
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSENT: 1 Marienthal
! Motion declared carried.
Camelot Phase II
Mr. Whited stated that at the request of the developers of the Frank/Balsamo
property, Levitt Homes is requesting to relocate Banbury Lane from the north
property line of the Frank/Balsamo property to the east property line. Mr.
Frank has agreed to pay costs involved in the change. Banbury Lane will be
vacated and the area, along with 2 adjacent lots, will be relotted to form
3 lots with frontages of approximately 83 feet. Lot 18 would be converted into
a 50 foot wide road, with the surplus land being added to Lots 17 and 19.
These lots will be come corner lots containing approximately 81 foot frontages
which will require setback variances. The street relocation was a recommenda-
tion of the PLan Commission.
President Fabish polled the Board, "Yes" indicating favor of pursuing the change
and "No" indicating opposition. The poll found the following:
YES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NO: 0 - None
ABSENT: 1 - Marienthal
In response to a question from Trustee Rech, Plan Commissioner Jacobs said the
Plan Commission recommended the change so that there would be an east/west access
to the park in Camelot. He said the question of access to the school site was
not raised.
Mr. Larson said there are 2 points to be resolved, 1) sideyard variance for
the corner lots and 2) reduction of the r.o.w. on Banbury Lane from 60 feet
to 50 feet. Mr. Raysa said that an amended plat will have to be submitted to
the Village Board.
In response to a question from Trustee Rech, Mr. Rapp said the 10 foot reduction
in r.o.w. would not alter the width of the street, but would reduce the parkway
by 5 feet on each side of Banbury.
Moved by Mahoney, seconded by Rech to approve the relocation of Banbury Lane
with the condition that the Village has the right to determine the size of
homes built on the smaller lots. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
9:30 P.M. - The President declared a recess.
9:50 P.M. - The meeting resumed.
1
..1
\..I
4733
10/11/76
Public Works Employment Act
Mr. Whited reviewed his report, dated September 13, 1976, explaining the
Public Works Employment Act and listing 4 potential projects that the Village
could apply for funds through this act.
Mr. Whited said the stabilization of Buffalo Creek banks is not a practical
project to fund through the act because it is not large enough, an environ-
mental statement would be required and there are specific prohibitions against
channelization.
Mr. Larson recommended that four applications for funding be submitted, 1)
expansion of the Village Hall , 2) installation of water and sewer mains in
the Village Center, 3) traffic signalization at Buffalo Grove Road and Route 83,
and 4) extension of water main down Buffalo Grove Road.
In response to a question from Trustee Rech, Mr. Whited said that each State
is allocated a certain amount of funds, of these funds 70% is to be spent in
communities with unemployment at the national average or above and 30% is to
be spent in communities with 6. 5% or lower unemployment. Per capita income
is also included in the formula used for allocation of funds. The Village
will make application under Title 1 of the act which provides 100% funding.
Mr. Larson said that if cost of the project is greater than the application,
the Village will have to pay the difference.
Referring to the remodeling of Village Hall , Trustee Carroll said the Village
has already applied for federal funds through the E.S.D.A. Mr. Larson said
that it was discussed, but grant forms were never submitted. Mr. Whited said
if any federal funds are committed to the project, the Village would not be
eligible to make application under the Public Works Employment Act.
The Board concurred that the applications for grant should be submitted.
Buffalo Grove Golf Course Purchase
President Fabish said that the Finance Committee considered loan proposals from
Continental Bank and Allstate Insurance for purchase of the golf course, and
the consensus of the committee was that Allstate was the better proposal .
James Shirley, member of the Finance Committee, said that the loan proposal is
for $1 ,200,000 which includes $100,000 for capital improvements. He asked the
Board if they wanted to provide funds for capital improvements now or provide
for them as they become necessary items. If $100,000 is eliminated from the
loan , interest cost would be cut by $55,000 over a 15 year period. He projected
that in 7 of the 15 years there would be no tax levy.
Mr. Larson said that capital improvements considered were $50,000 for purchase
of golf carts and $50,000 for expansion of the club house and construction of
bridges over the creek. He said purchase of golf carts was eliminated at the
Finance Committee meeting.
Mr. Rubino said that if the improvements are necessary and have to be financed,
the Village would not be able to get a cheaper interest rate. He felt the staff
should recommend if the improvements are needed at this time.
4734
10/11/76
Moved by Mahoney, seconded by Bogart to accept the recommendation of the
Finance Committee to secure a loan from Allstate Insurance to purchase the
golf course, to direct the Village Attorney to prepare the papers necessary
to effectuate the loan, in the amount of $1 ,100,000, and simultaneously to
inquire regarding the legal practicality of increasing the borrowing amount
for improvements.
Trustee Carroll asked if Allstate still requires the loan to be non-cancellable.
Mr. Larson said that Allstate does not want prepayment. Trustee Rech said
that during the Finance Committee discussion, it was felt that the golf course
would not be able to prepay in the first 10 years. She said the Allstate
proposal was favored because it was a 15 year loan.
In response to a question from Trustee Bogart, Carmen Molinaro, Director of
Golf Operations, foresaw no problem in meeting the operations revenue if the
weather is adequate.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Trustee Bogart felt a committee should be formed to plan meetings to inform
citizens of particulars of the golf course purchase. Mr. Shirley said that
it would take 2 weeks to prepare a format for the presentations.
Buffalo Grove Golf Course Fees
Mr. Molinaro reviewed proposed 1977 golf fee rates as outlined in a memo,
dated October 7, 1976. He felt the increase is justified because the course
is in better shape than any public course in the area.
Moved by Rech, seconded by Mahoney to approve Mr. Molinaro's recommendation
for 1977 golf fee rates. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Ordinance #76-46
Trustee Mahoney read Ordinance #76-46, AN ORDINANCE AUTHORIZING THE EXTENSION
OF ANNEXATION AGREEMENT DATED JUNE 8, 1970 BY AND BETWEEN THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, AND WHEELING TRUST AND SAVINGS BANK, AS TRUSTEE UNDER TRUST
NO. 723 and the extension agreement. Property involved is the Santoro parcel
located on Route 83 at Lake-Cook Road.
4735
10/11/76
Moved by Rech, seconded by Carroll to approve Ordinance #76-46 and the
extension agreement. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAPES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Sidewalk Repair Policy
Mr. Davis said that the present policy for sidewalk repair is for the Village
and the homeowner each to pay 50% of the cost. When a sidewalk is not safe and
the homeowner does not want to pay his share, the Village has no way of demanding
it.
Mr. Larson said that Mr. Raysa has recommended that the Village adopt an
ordinance similar to Springfield's that requires the homeowner to be liable
for the sidewalk.
Trustee Carroll did not feel the homeowner should be saddled with the
responsibility of total repair of a Village sidewalk because it is used by
the public. She felt that the 50-50 policy should be retained if the proposed
ordinance is adopted.
Trustee Mahoney said that when the 50-50 policy was adopted, it was felt it
would prevent people from requesting unnecessary repair. He felt sidewalk
repair should be 100% responsibility of the Village because the Village owns it.
President Fabish said the Board must set some criteria for an unsafe sidewalk,
whether the homeowner will pay his share or not.
Trustee Rech said that the Village is the one held responsible when a person
is injured in a fall caused by an unsafe sidewalk.
President Fabish polled the Board, "Yes" indicating favor of continuing the
50-50 policy and "No" indicating favor of the Village assuming 100% responsi-
bility. The poll found the following:
YES: 4 - Rech, Driscoll , Bogart, Carroll
NO: 1 - Mahoney
ABSENT: 1 - Marienthal
President Fabish polled the Board, "Yes" indicating favor of drafting an
ordinance to enforce the policy. The poll found the following:
YES: 1 - Driscoll
NO: 4 - Mahoney, Rech, Bogart, Carroll
ABSENT: 1 - Marienthal
• Trustee Driscoll felt if there were no ordinance to enforce the 50-50 policy,
the Village should assume total responsibility. Discussion followed.
President Fabish polled the Board, "Yes" indicating favor of the Village
assuming 100% responsibility of sidewalk repair and "No" indicating favor of
the 50-50 policy. The poll found the following:
4736
10/11/76
YES: 4 - Mahoney, Driscoll , Bogart, Carroll
NO: 1 - Rech
ABSENT: 1 - Marienthal
After discussion, it was decided that the Department of Public Works is to
decide which sidewalks are to be repaired. The 100% policy is to be effective
January 1 , 1977.
Ordinance #76-47
President Fabish read Ordinance #76-47, AN ORDINANCE AMENDING ORDINANCE No.
76-17 (AN ORDINANCE REGULATING TRAFFIC AS AMENDED) . The ordinance restricts
parking along Radcliffe between Stonebridge and Boxwood between 8:00 A.M. and
4:00 P.M. on school days.
Moved by Rech, seconded by Mahoney to approve Ordinance #76-47. Upon roll call ,
the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAPES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Resolution #76-46
President Fabish read Resolution #76-46, an M.F.T. resolution appropriating
funds for the evaluation of certain Village pavements. Moved by Carroll ,
seconded by Rech to approve Resolution #76-46. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAPES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Public Works Equipment
Mr. Davis reviewed his memo, dated September 30, 1976, regarding bids received
for three 1-ton trucks. Two bids were received as follows:
Lake County GMC three 1-ton dump trucks $30,000.00
510 Old Skokie Road less trade of 3 1 ,600.00
Waukegan , Illinois Village Trucks $28,400.00
KarZen GMC three 1-ton dump trucks $29,004.93
700 Busse Road less trade of 3 2,265.00
Elk Grove Village, Illinois Village Trucks $26,739.93
Moved by Bogart, seconded by Rech to accept the bid of KarZen GMC Trucks of
Elk Grove Village. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAPES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
4737
10/11/76
Administrative Orders #20 and #21
I +
President Fabish read Administrative Order #20 establishing a longevity pay
program for Village employees. Mr. Larson said that the Order was written per
Board direction and was placed on the agenda for information purposes.
Mr. Larson reviewed Administrative Order #21 regarding gifts and gratuities.
This order would cancel Administrative Order #12 and permit Village employees
to accept gifts and gratuities up to a value of $25.00. Discussion followed
regarding policy of private business and keeping public employees above suspicion.
President Fabish polled the Board, "Yes" indicating favor of Administrative
Order #21 and "No" indicating favor of continuing with Administrative Order
#12. The poll found the following:
YES: 2 - Mahoney, Driscoll
NO: 3 - Rech, Bogart , Carroll
ABSENT: 1 - Marienthal
Recreational Vehicles
Upon review, it was moved by Mahoney, seconded by Driscoll to direct the
Village Attorney to prepare an amendment to the Vehicle License Ordinance
to provide for a fee of $15 for recreational vehicles regardless of size.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Coin Operated Amusement Devices
Upon review, it was moved by Bogart, seconded by Rech to direct the Village
Attorney to prepare an amendment to the Coin Operated Amusement Devices
Ordinance to have licenses expire on December 31 and provide pro-ration of
fee for applications received during the year. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Hooper Parcel
President Fabish read a letter, dated October 5, 1976, from John Hooper,
owner of 1 .5 acres near the intersection of Routes 53 and 83, requesting
annexation and zoning for a professional office complex.
Moved by Bogart, seconded by Mahoney to refer the request to the Plan Commission
for the necessary public hearings. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
4738
10/11/76
Crossings Street Lights
Mr. Rapp said that he had just returned from The Crossings and had found the
intersections totally obscure. He said a full staff report will be submitted.
He said he would like to have a meeting on Thursday evening at 8:00 P.M. with
members of the staff and Homeowners Association to observe the street lighting.
He invited any interested Board members to attend.
6. Executive Session
Moved by Driscoll , seconded by Rech to adjourn to executive session to discuss
litigation. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Carroll
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
11 :40 P.M. - The Board went into executive session.
12: 35 A.M. - The Board returned to the council chamber.
7. Adjournment
Moved by Mahoney, seconded by Carroll to adjourn the meeting. Upon voice
vote, the motion passed unanimously.
Time: 12:36 A.M.
Respectfully submitted,
Verna L. Clayton, Village Cler
PASSED AND APPROVED this f' day of , 1976.
Vi age president