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1976-11-01 - Village Board Regular Meeting - Minutes 4757 11/1/76 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, 1 NOVEMBER 1 , 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. i President Fabish called the meeting to order at 8: 10 P.M. Those present stood and pledged allegiance to the Flag. Moved by Driscoll , seconded by Rech, to appoint Carol Hennenfent Clerk Pro Tem. Motion passed unaninmously. The Clerk called the roll and found the following: PRESENT: President Fabish; Trustees Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal Also present were Daniel Larson , Village Manager; Richard Raysa, Village Attorney; Nick Rubino, Village Treasurer; Richard Glueckert, Finance Director; Carl Rapp, Director of Community Development; Charles McCoy, Director of Public Works; Thomas Fennell , Chief Inspector; and William Whited, Administrative Assistant. 1 . Minutes of October 25, 1976 Moved by Carroll , seconded by Driscoll , to approve the minutes of the regular meeting of October 25, 1976, as published. Trustee Carroll requested on page 4748, following the last paragraph, the following sentence to be added: "Mr. Raysa also said that items like this were a matter of public record and open for inspection by the press." Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried with addition. 2. President 's Report Executive Session President Fabish stated there will be an executive session at 10:00 P.M. to discuss litigation. Jaycettes President Fabish read a letter from Carol Potter, President of the Jaycettes, stating that they wish to donate a piece of playground equipment , a geometric dome, to the Bicentennial Park. Trustee Rech, on behalf of the Board, thanked the Jaycettes for the donation of this piece of equipment. Trustee Rech also read a letter from the Strathmore Grove Community Association expressing their appreciation to the Village for the time and effort spent in organizing and coordinating the Park project on Arlington Heights Road and Thompson Boulevard. 4758 11/1/76 Student Government Day President Fabish announced Student Government Day will be November 15, 1976, which is sponsored by the Village and involves junior high school students in Buffalo Grove. 3. Questions rrom the Audience Buffalo Grove Golf Team Joe Sioat, 602 Maple Drive, expressed appreciation to the community for the recognition given to the Buffalo Grove High School golf team at State competition . He expressed his pride in the achievements of this group of young people. Bank of Buffalo Grove David Potter of the Bank of Buffalo Grove reviewed his letter dated November 1 , 1976, requesting permission to begin pouring concrete foundations for the bank's proposed addition before inclement weather sets in. Moved by Bogart , seconded by Mahoney, to approve this request by the Bank of Buffalo Grove for foundations only and at their own risk. Discussion followed. Mr. Potter stated that he understands that further approvals are needed before construction, other than the foundations, begins. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. President Fabish stated that recently several requests of this type have been received by the Board and that he does not desire a precedent to be set. Chevy Chase Annexation Trustee Bogart proposed that the staff be instructed to advise the Board on any and all meetings on the Chevy Chase proposed annexation before they occur to give any member of the Board the opportunity to attend that meeting and, if no one can attend, a report on that particular meeting should be forthcoming. He felt in this way the Board can give their input to the staff and Plan Commission before the proposal is before the Board. In response to a question from Trustee Bogart, Mr. Raysa stated that reference the open meeting act there is no set criteria on the number of Board members attending a meeting of the Plan Commission or a staff meeting with developers before publication is necessary because this type of meeting must always be an open meeting. Trustee Carroll stated that she was not in agreement with this proposal . • After discussion the Board felt that they would continue with the present procedure on keeping the Board informed as to the progress of an annexation. 4759 11/1/76 Trustee Bogart requested that Mr. Larson provide reports on any and all meetings that have to do with this particular development beginning with this date and a synopsis of what has been discussed previously. In reply to a question from Trustee Mahoney, Mr. Larson stated that the initial presentation to the Plan Commission is approximately two weeks away and that already one presentation before the Plan Commission on a workshop level has occurred. Swine Flu Clinic Trustee Carroll stated that on Thursday, November 11 , 1976, in the Buffalo Grove High School cafeteria from 8:00 A.M. until 6:00 P.M. the ESDA will be admin- istering the Swine Flu vaccine for the over 60 and chronically ill . She requested that the newspapers take note of this date and time, that the clinic is in conjunction with Wheeling Township, and is in addition to the regular swine flu program. 4. COMMITTEE OF THE WHOLE Ordinance No. 76-5G Various members of the Board read Ordinance No. 76-50, AN ORDINANCE PROVIDING FOR AN AGREEMENT FOR THE PURCHASE OF THE BUFFALO GROVE GOLF COURSE BY INSTALL- MENT CONTRACT BY THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. Moved by Mahoney to approve Ordinance No. 76-50 as presented. Seconded by Rech for discussion purposes. Jim Shirley of the Finance Committee stated that there is a more recent repay- ment schedule that should replace the schedule in the ordinance. He pointed out that the repayment schedule specified in the proposed ordinance is not in accordance with the current understanding with Allstate; the interest would be $653,095 which added to the principal of $1 ,097,000 makes a grand total of $1 ,750,095 to be paid with payment twice a year on November 1 and May 1 . He further stated that the discussions Mr. Glueckert has had with Allstate brought about the change in the schedule, thus being more advantageous to the Village. After discussion , the Board requested Mr. Raysa to reword the third Whereas clause on the first page and to fill in the blanks with the appropriate words and figures. Trustee Mahoney amended his motion to include the most recent schedule, the rewording of the Whereas clause, and the appropriate filling in of the blanks in the ordinance. Seconded by Rech. Discussion followed. Mr. Raysa stated that Mr. Friedman will not direct the American National Bank and Trust Company of Chicago to sign this revised agreement until such time as the time elapses for the possibility of a back door referendum or until a back door referendum does not pass so as to insure the collection of the 1976 taxes. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried. 4 760 11/1/76 9: 10 P.M. - President Fabish left the meeting ill . Moved by Driscoll , seconded by Carroll to appoint Trustee Mahoney President Pro Tem. Motion passed unanimously. Garbage Ordinance Trustee Rech stated that Jack Litz, Chairman of the Environmental Control Commission, requested that this ordinance be tabled for two weeks in order that the new members of this commission may review it before passage. Moved by Rech, seconded by Driscoll , to table consideration of this ordinance for two weeks. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance No. 76-51 President Pro Tem Mahoney read Ordinance No. 76-51 , AN ORDINANCE AMENDING ORDINANCE NUMBER 70-05 (WATER CONTROL) . Moved by Rech, seconded by Driscoll , to approve Ordinance No. 76-51 . This Ordinance would restrict watering from 3:00 P.M. to 8:00 P.M. every day of the week. Discussion followed reference limiting the effectiveness of this restriction to the current sprinkling restrictions from May to September. In response to a question from Trustee Rech, Mr. McCoy stated that he preferred the effectiveness of this ordinance to be year around. Trustee Marienthal stated he felt it should only be in effect during those months that the water supply is critical . President Pro Tem Mahoney polled the Board, a "YES" being in favor of 12 month effectiveness and a "NO" being in favor of a lesser time. YES: 4 - Mahoney, Rech, Driscoll , Bogart NO: 2 - Carroll , Marienthal Upon roll call on the motion, the vote was: AYES: 4 - Mahoney, Rech, Driscoll , Bogart NAYES: 2 - Carroll , Marienthal Motion declared carried. Ridgewood Model Homes Mr. Larson stated that Centex is requesting approval of the foundations for their model home area only. This is due to the possibility of inclement weather; engineering problems, and not having discussed their agreement for water system improvements with the Village. In response to a question by Trustee Mahoney, Commissioner Ron Helms stated there was no objection by the Appearance Control Commission to the proposed homes. 4761 11/1/76 Mr. Rapp stated that the foundations are approved by the engineering department and what remains to be approved are minor points. Moved by Driscoll , seconded by Marienthal , to approve the foundations for the Ridgewood model homes area. In response to a question from Trustee Rech, Robert Fogarty, representative of Centex Homes, stated he understood the foundation would be laid "at his own risk". Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance No. 76-52 President Pro Tem Mahoney read Ordinance No. 76-52, AN ORDINANCE FOR THE RECOUPMENT OF ADVANCES FOR CONSTRUCTION AND OVERSIZING WATER MAINS IN ALDEN LANE AND ARLINGTON HEIGHTS ROAD. Moved by Marienthal , seconded by Driscoll , to approve Ordinance No. 76-52. In response to a question from Trustee Mahoney, Mr. Larson stated that both the Village and Levitt are in agreement that the figures are accurate. In response to a question from Trustee Rech, Mr. Larson stated that passage of this ordinance would give the Village a tool to collect the money from surround- ing property owners and would be a condition of their annexation agreement to pay their fair share at the time of annexation approval . Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. Aerial Truck Chuck McCoy reviewed his memo dated October 25, 1976, reference the purchase of an aerial bucket truck for $9,000. In response to a question from Trustee Mahoney, Mr. McCoy stated that under Street & Bridge there is $3,400 left in the budget for this fiscal year and the balance could be paid next fiscal year. $2,400 is required as a down payment on the truck with the balance due in May 1977. Trustee Driscoll stated he is in favor of this purchase as the "price is right" and that owning a piece of equipment of this nature would present an opportunity to trade equipment with other municipalities. In response to a question from Trustee Bogart , Mr. McCoy stated the life of the truck would be 5 to 7 years and could then be used as a trade- in on another piece of equipment. 4762 11/1/76 After further -liscussion, President Pro Tem Mahoney polled the Board, a "YES" being in favor of purchasing the aerial truck and a "NO" opposing the purchase. YES: 4 - Mahoney, Driscoll , Bogart , Carroll NO: 2 - Rech, Marienthal Moved by Bogart, seconded by Driscoll , to approve the purchase of the aerial bucket truck per Mr. McCoy's memo with a waiver of bids. Upon roll call , the vote was: AYES: 4 - Mahoney, Driscoll , Bogart, Carroll NAYES: 2 - Rech, Marienthal Motion delcared carried. Trustee Rech stated her negative vote was because she does not feel the cost benefit factor is there to purchase this piece of equipment, especially one that she feels is somewhat marginal . Ordinance No. 76-53 Ordinance No. 76-53, an Ordinance adopting the 1976 State of Illinois Plumbing Code. William Lyman , representing C. A. Hemphill and Associates, was present and stated that they object to the adoption of this ordinance as its enactment will increase the cost of each home approximately $425 to $450. Cliff Brouk of The Richards Group was also present and stated that as a builder in Buffalo Grove he felt they had not been formally notified of what the changes in the code would be and felt they should have been notified in order to evalu- ate what the effect on their development would be. Trustee Rech stated that the State of Illinois every year has new requirements and does not feel it is up to the Village to advise developers of what the new changes are. Trustee Marienthal said a number of BOCA code requirements have changed this year and the Village did not notify developers of these changes; thus did not feel they should have been notified reference the plumbing code. Trustee Mahoney stated he has no objection to having developers comment on ordinances proposed even though this has not been done in the past . Lengthy discussion followed reference the cost to prospective homeowners and various options available to them. Trustee Driscoll stated he felt a drain should be installed in basements as a standard procedure and should not be advertised as an option. Mr. Lyman stated that, if this ordinance is passed, any time a homeowner has a basement, the extra plumbing cost would be approximately $425 to $450. 4763 11/1/76 10: 15 P.M. - President Pro Tem Mahoney declared a recess for executive session and stated the discussion on this ordinance will continue after the recess. 11 : 10 P.M. - The Board returned from executive session and the meeting resumed. Ordinance No. 76-53 Discussion continued reference the plumbing ordinance. Li Trustee Mahoney read Ordinance No. 76-53, an ordinance adopting the 1976 State of Illinois Plumbing Code. Moved by Marienthal , seconded by Rech to approve Ordinance No. 76-53. In response to a question from Trustee Rech, Mr. Rapp, Mr. McCoy and Mr. Fennell stated that they are in favor of adoption of this ordinance. In response to a question from Trustee Bogart, Mr. Rapp stated an indepth study was made and all the avenues available were considered before requesting the adoption of this Ordinance. President Pro Tem Mahoney polled the Board reference the recommended plumbing code changes, a "YES" in favor of the ordinance, a "NO" not in favor of the ordinance. YES: 4 - Rech, Driscoll , Carroll , Marienthal NO: 2 - Mahoney, Bogart Trustee Mahoney stated he did not like imposing this kind of cost to prospective homeowners without understanding more fully why it is necessary. Upon roll call on the motion , the vote was: AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 1 - Mahoney Motion declared carried. Ordinance No. 76-54. President Pro Tem Mahoney read Ordinance No. 76-54, AN ORDINANCE AMENDING ORDINANCE NUMBER 61 -26, which governs the use of sump pumps. Moved by Bogart, seconded by Rech, to approve Ordinance No. 76-54. After discussion, Mr. Rapp suggested the following changes to Section 3: 1 . Second sentence to read "Footing drains shall be connected to sump pumps and discharge to the storm water drainage system." 2. Fourth sentence to read "Floor drains shall be installed in all basements and shall be designed to receive and discharge floor drain flow, laundry tubs or other sanitary sewage and shall be connected to the sanitary sewers." 4764 11/1/76 Trustee Bogart amended his motion to include these changes. Seconded by Rech. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance No. 76-55 President Pro Tem Mahoney read Ordinance No. 76-55, AN ORDINANCE LICENSING AND REGULATING THE INSTALLATION OF WATER SOFTENERS. Moved by Marienthal , seconded by Driscoll , to approve Ordinance No. 76-55 but change the fee from $15.00 for licensing to $25.00. Discussion followed reference the amount of the fee. Trustee Mahoney stated he did not feel the fee should be raised just for revenue purposes but if this fee just covers costs of the Village then it is reasonable that the cost be borne by the vendors. The Board was concerned that a homeowner installing a water softener themselves would have to obtain a license for $25.00. Mr. Rapp stated that he homeowner would have to obtain a $10.00 permit but would not have to purchase a license as the homeowner would assume liability and they are not contractors. Trustee Rech requested that in Section 3 under item c that "and all persons involved in electrical installation shall be qualified electricians." be deleted from the last sentence. Trustee Marienthal amended his motion to so stipulate. Seconded by Driscoll . Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. Parkway Trees Chuck McCoy reviewed his memo dated October 27, 1976, reference securing bids for parkway trees requesting permission to go out for bids . Moved by Bogart, seconded by Rech, to grant permission to go out for bids on the 40 parkway trees. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES : 0 - None Motion declared carried. Mr. McCoy stated that this year a one year guarantee is not requested in order to cut costs as the Village has not lost enough trees to make it worth the difference in price, but are requesting a performance bond on the species. -- --- --- -- --- 4765 11/1/76 5. Board Comments Parking Restriction/lZ Ton Trucks Trustee Marienthal moved to request the Village Attorney to draw up the necessary amendment to the ordinance to restrict parking of 11 ton trucks in the Village. Seconded by Rech. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES : 0 - None Motion declared carried. Remodeling - Knoeppel Contract Trustee Rech expressed concern that there would be additional costs for outside assistance involved for remodeling Village Hall reference the air conditioning and heating system. Mr. Larson stated he has spoken with Mr. Knoeppel and this cost, if any, is included in his bid. 6. Adjournment Moved by Bogart , seconded by Carroll , to adjourn. Upon voice vote, the motion passed unanimously. Time: 11 :40 P.M. Respectfully submitted, Carol M. Hennenfent, Clerk Pro em PASSED AND APPROVED THIS S day of �. —et------_ .,, 1g76. ric-c?"71P Vi lage President