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1975-11-24 - Village Board Regular Meeting - Minutes 4410 11/24/75 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, NOVEMBER 24, 1975, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE , ILLINOIS. President Fabish called the meeting to order at approximately 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 Mahoney, Rech, Driscoll , Bogart , Carroll Marienthal Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Arnold Seaberg, Village Engineer; Charles McCoy, Director of Public Works; Al Griffith, Director of Golf Operations; and William Whited, Admin- istrative Assistant. 1 . Minutes of November 17, 1975 Moved by Carroll , seconded by Driscoll to approve the minutes of the regular meeting held November 17, 1975, as published. The following corrections were made: 1 . Page 4400 - vote on the minutes of November 10, 1975, should show Bogart 's vote as "abstain". 2. Page 4407 - paragraph 6 - line 2 - before the word "it", insert the words "Mr. Raysa had said". 3. Page 4408 - under 1975 Staff Christmas Party - add first paragraph to read "Trustee Mahoney said he had noted the announcement of the Christmas party and thought that the decision to start charging the employees was one that should have been brought to the Board, since it involved a departure from past practices." 4. Page 4408 - under 1975 Staff Christmas Party - last paragraph - add the statement, "Trustee Carroll felt that since the staff took the initiative to try to work with the Board to save the Village money, they should be commended, and not condemned for their actions." 5. Page 4403 - paragraph 11 - first sentence changed to read "Mike Cahill of School District #96 stated that they have reviewed the impact of the change in plan and found a significant increase in number of school children , increase in donation , and decrease in subsequent annual tax revenue." L 6. Page 4408 - last paragraph to read "Motion declared defeated". Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried with changes noted. 4411 11/24/75 2. President 's Report Arrowhead Planned Development President Fabish stated that the Board has had two executive sessions in the past week regarding extension of the Chesterfield annexation agreement for the property located on the northeast corner of Arlington Heights and Lake-Cook Roads. Moved by Carroll , seconded by Bogart to open discussion for reconsideration of an extension of the Chesterfield annexation agreement. Upon voice vote, the motion passed unanimously. Trustee Bogart read his memo to the President and Board of Trustees, dated November 24, 1975, outlining his reasons and proposals for the extension of the agreement (per Bogart's request, a copy is attached and made a part of the minutes) . President Fabish read a letter from Fred Hillman , Executive Vice President of Chesterfield Development Corporation , dated November 24, 1975, which confirmed their agreement to relocate Southgate Drive, provide 25 foot setback between buildings and boundaries, and payment of engineering fees at the current rate instead of the rate stipulated in the original agreement. Moved by Carroll , seconded by Bogart to drop the proposed law suit to disannex the Chesterfield property from the Village. Upon roll call , the vote was: AYES: 7 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal , Fabish NAYES: 0 - None Motion declared carried. Trustee Rech stated that the legal action the Village was about to take would have been an example of case law which would have required a strong case. Because she felt the case was not strong, she was concerned that the outcome of this precedent setting case would be a disservice to another community who might be in the same position who would have to face the decision of this case law. Her concern regarding the outcome of the law suit was because the original decision not to extend the agreement was not unanimous, the decision to file suit was not unanimous, and legal counsel had reservations. { Moved by Bogart , seconded by Carroll to direct the Village Attorney to prepare the necessary ordinance to extend the Chesterfield annexation agreement one year effective this date with the stipulation that Chesterfield must have completed the preliminary plan and presented it to the Plan Commission for review in that year and with the additions outlined in Mr. Hillman 's letter, dated November 24, 1975. Mr. Raysa stated that the Subdivision Regulations require the preliminary plan to be presented within one year. Trustee Bogart felt this stipulation should be emphasized. Trustee Carroll wanted it to be clear to Mr. Hillman that this will be the final extension that this Board will accept. She noted that current developers in the Village have been able to redraw plans and have them approved in less than a year. 4412 11/24/75 After discussion, the motion was reworded by Bogart , seconded by Carroll to grant Chesterfield Development Corporation a one year extension on their annexation agreement effective this date with the following conditions included in the agreement: 1 . Chesterfield would relocate Southgate Drive to the location previously requested by the Village so that Southgate Drive would then meet the location requirements of the Cook County Highway Department. �./ 2. Buildings along the North and South boundaries of the plan would be relocated so as to provide a 25 foot setback between buildings and the said boundaries. 3. Chesterfield agrees to pay Village Engineering fees for the improve- ments to be installed under the plan at the current ordinance rate instead of the rate stipulated in the original annexation agreement. Upon roll call , the vote was : AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll NAYES: 0 - None ABSTAIN : 1 - Marienthal Motion declared carried. Trustee Rech stated that during the negotiations with Mr. Hillman , she had hoped that he would understand why the Village hopes to upgrade the community by placing additional requirements on the developer. She felt it was unfortunate that the developer had refused to negotiate some of the new requirements. She said she voted in favor of the extension because it will strengthen the Village's position should the Village continue to have a developer who will not proceed despite his assurances. Trustee Bogart stated that he voted in favor because he felt it is the strongest position the Village could take. Moved by Carroll , seconded by Bogart to direct the Village Attorney to prepare the necessary amendment to the annexation agreement in accordance with the previous motion for the purpose of the record. Upon roll call , the vote was : AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Carroll NAYES: 0 - None ABSTAIN: 1 - Marienthal Motion declared carried. Moved by Bogart to commit to some form of sanctions, using any means necessary, if the agreement is not complied with. Mr. Raysa did not feel the Board could commit the Board to a certain action one year from now. The motion died because there was no second. It was decided that if some action were necessary one year from now, it would be determined at that time. President Fabish wanted the record to show that the Board does not want to continue this annexation agreement longer than one year. 4413 11/24/75 Boy Scout Troop #140 President Fabish recognized three members of Boy Scout Troop #140 who were in attendance. 3. Questions from the Audience l There were no questions from the audience. �J 4. COMMITTEE OF THE WHOLE Buffalo Grove National Bank The Board reviewed the request of the Buffalo Grove National Bank for a change in landscaping plan and waiver of Village requirements for parkway trees. Jack H. Sharp, President of the bank, stated that the Appearance Control Commission has recommended approval of the proposed landscape plan but that they do not have the authority to waive requirements on parkway trees. He noted that the plan provides that the trees normally planted in the parkway be planted on the bank's property in what he felt was a more aesthetically pleasing plan. Moved by Bogart , seconded by Mahoney to grant the request. Because this request would be a change in the Subdivision Regulations, Trustee Rech asked if the request should have been considered by the Plan Commission. Mr. Raysa stated that it should have. Trustee Rech asked for a comment from the Plan Commission on the subject. In response to a question from Trustee Carroll , Mr. McCoy stated that if the trees are on private property, they will be maintained by the owner. Trustee Carroll was concerned about the appearance of Dundee Road in that area if the request is granted. Mr. McCoy felt it would have little effect because they will be only a few feet off the parkway. In response to a question from Trustee Carroll , Mr. Raysa stated that the Village would have no control over being sure the trees remain if they are on private property. Mr. Sharp stated it would not be advantageous to the bank to construct a $750,000 building and not have proper landscaping. Trustee Carroll wanted assurances. Mr. Sharp stated that any plans for expansion could not be in the area of the six trees in question because two M.S. D. required retention basins are also in that area. He said expansion would have to be west or south. Carl Genrich, Chairman of the Plan Commission, stated that the Commission briefly discussed the subject and felt that the landscaping is the prerogative of the Appearance Control Commission. Trustee Rech preferred to have the trees in the parkway. She felt that all property in the Village should be treated the same. Mr. Larson stated that commercial property has been treated differently and noted that Plaza Verde has no parkway trees. 4414 11/24/75 Trustee Carroll asked if the Board grants the request, could the motion include the stipulation that the six trees must remain and if destroyed, they must be replaced. Mr. Raysa did not feel the Village should enter into such an agreement. Upon roll call , the vote was : AYES: 4 - Mahoney, Driscoll , Bogart, Marienthal NAYES: 2 - Rech, Carroll Motion declared carried. Trustee Rech requested a report on the reasons Plaza Verde has no parkway trees. Radioactivity in Water Supply John B. Black, Consulting Engineer, presented Report On Radioactivity In The Public Water Supply For The Village of Buffalo Grove, Illinois , dated November, 1975. In concluding, he stated that there is no statistical evidence that there is excessive public health danger and there is no evidence that the Village of Buffalo Grove water supply will or will not meet the proposed federal standard. In response to a question from President Fabish, Mr. Black stated that the Buffalo Grove water supply appears to meet all enforcible standards of the State of Illinois and the U.S.E.P.A. He said the water is of good quality and is safe. Trustee Carroll asked the news reporters to report the results of the report in order to alleviate concerns that citizens might have had. In response to a question from Trustee Rech, Mr. Black stated if a person is concerned about radioactivity in the water, it can be eliminated by ionic exchange (a water softener does this) or by dilution. Plan Commission Appointment Upon recommendation of the Plan Commission, President Fabish reappointed Rodney Jacobs to the Plan Commission for a one year term. Moved by Rech, seconded by Carroll to concur with the reappointment. Upon voice vote, the motion passed unanimously. Jaycees Upon request, it was moved by Bogart, seconded by Rech to waive permit fees for the Jaycees Christmas tree sales at the Ranch Mart Shopping Center. Upon voice vote, the motion passed unanimously. Buffalo Grove Golf Course Carts Trustee Marienthal asked if Mr. Griffith had contacted Harley-Davidson to determine if they would consider changing the lease purchase agreement to provide that less than 41 carts could be purchased. Mr. Griffith stated that he had not because he had discussed it with them earlier and found that they would not consider it. Moved by Mahoney, seconded by Rech to remove from table consideration of changes to lease purchase agreement for 41 golf carts with Nadler Harley- Davidson Sales, Inc. Upon voice vote, the motion passed unanimously. Upon review, it was moved by Carroll , seconded by Mahoney to delete from the agreement the words "or any share of", and at the end of next year, make the decision to either buy them all or continue to lease to the end of the contract. 4415 11/24/75 Upon roll call , the vote was: AYES: 6 - Mahoney, Rech , Driscoll , Bogart , Carroll , Marienthal NAYES : 0 - None Motion declared carried. Buffalo Grove Golf Course Financial Review Mr. Larson reviewed his report , dated November 20, 1975, regarding Buffalo Grove Golf Course activities from January, 1975, through October, 1975, which included a comparison of the golf course with other municipal golf courses in the area. The report was compiled collectively by Al Griffith, Director of Golf Operations, Richard Glueckert , Finance Director, and Mr. Larson. Mr. Larson noted that when looking at total revenues less expenses , Buffalo Grove ranked #3 of the area golf courses, but if debt services expenses were eliminated, Buffalo Grove's ranking would be #1 . In response to a question from President Fabish, Mr. Larson stated that during the period of the report , the golf course generated $353,500 in revenues and incurred $354,540 in expenses leaving a net cash balance of $43, 162. Of the $354,540 in expenses, $54,920 was paid on the principal and interest of the lease purchase option. Because of the small percentage of profit made on pro shop merchandise, Trustee Bogart felt the Board should consider cutting back the inventory or eliminating it. Mr. Griffith stated that he hopes to end the year with 30% profit. He said the pro shop requires no additional personnel . He also felt the shop attracts more golfers. Trustee Mahoney felt that as long as the pro shop is making a profit, it should continue to operate. Moved by Mahoney, seconded by Rech to implement the recommendation of the staff that the Finance Committee become involved in looking at ways and means of financing, through bond issue, the purchase of the golf course and to consult a bond consultant after the twelve month figures are available. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Discussion took place regarding purchasing procedure at the golf course. Trustee Marienthal felt the procedure should be uniform with other departments, but if for some reason, a purchase has to be made on Friday afternoon, a �•/ confirming purchase order should be approved on Monday. He said this procedure was recommended by the auditors. Trustee Bogart felt there should be a purchase order prior to any purchase over $30. Mr. Larson stated that he had worked with the auditors to develop the procedure for the golf shop and food and bar area, that Mr. Griffith has the authority to purchase up to $100 without prior approval and that in all other areas the expense should not exceed $30 without prior approval . Trustee Mahoney felt this procedure is logical and that anything stricter would create needless red tape. Discussion followed. 4416 1 1/2 4/75 Moved by Mahoney, seconded by Carroll to table consideration of golf course purchasing procedure, direct Mr. Larson to confer with Mr. Glueckert and Mr. Griffith and made a policy recommendation to the Board. Upon roll call , the vote was : AYES : 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAPES: 0 - None Motion declared carried. Trustee Marienthal stated that this item has been tabled several times and requested that the next time it comes before the Board, some direction should be given from the staff and all facts should be available. Discussion took place regarding the recommended fee schedule for 1976 as outlined in the report. Moved by Rech, seconded by Marienthal to approve the 1976 fee schedule and membership fees as recommended by the staff. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried. 10:10 P.M. - President Fabish declared a recess. 10:20 P.M. - The meeting resumed. Employee Salary and Benefit Comparative Data Survey Mr. Larson reviewed his report, dated November 20, 1975, requesting execution of a contract with the Callaghan and Company of Chicago for an accurate survey of Village salary costs for certain employees as compared with other Villages. Trustee Carroll did not believe a $750 expenditure for this survey would be justifiable because it is restricted to three employee positions. She suggested that Bill Whited do a survey to determine a competitive figure with other Villages. Discussion followed. Moved by Bogart , seconded by Carroll to reject the proposal to enter the contract. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal l , NAPES : 0 - None Motion declared carried. Ordinance #75-27 Mr. Raysa advised that Ordinance #75-27, AN ORDINANCE REPEALING ORDINANCE NO. 70-38 AS AMENDED AND ENACTING AN ORDINANCE PROVIDING FOR THE CONTROL AND CARE OF ANIMALS, DEALERS IN PETS AND VETERINARY HOSPITALS need not be read again because it was read previously. He said the ordinance was revised in accordance with direction given at a previous meeting. 4417 11/24/75 Moved by Bogart, seconded by Mahoney to approve Ordinance #75-27. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance #75-40 Mr. Raysa stated that Harold McKee, attorney representing the Bank of Buffalo Grove, has requested the loan, in the amount of $330,000, for construction of the Public Services Building provide assurances of repayment in case the Federal government does not extend revenue sharing. For this reason, he has redrawn the ordinance to provide for a tax to be levied for this purpose. He said if it is not necessary to collect the tax, the levy can be abated each year. Trustee Rech felt that if there is a tax to be levied, it should be discussed at the time the Tax Levy Ordinance is passed. Mr. Raysa explained that the procedure is the same as used with repayment of general obligation bonds. He said that the bank needs this guarantee or they will not loan the money. President Fabish read Ordinance #75-40, AN ORDINANCE AMENDING ORDINANCE #75-28 BEING AN ORDINANCE AUTHORIZING THE BORROWING OF MONEY FROM THE BANK OF BUFFALO GROVE. Moved by Mahoney, seconded by Driscoll to approve Ordinance #75-40. Trustee Carroll preferred the loan to be $300,000 because that was the amount budgeted. Mr. Larson stated that additional items, such as the basement, have been added to the building since that time and $330,000 is needed. In response to a question from Trustee Rech, Mr. Raysa stated that Mr. Glueckert prepared the schedule of payment outlined in Section 4 of the Ordinance. Trustee Rech requested a report from Mr. Glueckert on this section. She also requested that the Board be kept apprised of time and exact amounts borrowed. After discussion, Mr. Larson suggested that the tax be abated in December of each year. Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Driscoll , Bogart NAPES: 2 - Carroll, Marienthal Motion declared carried. Ordinance #75-41 President Fabish read Ordinance #75-41 , AN ORDINANCE AMENDING AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT DATED JUNE 7, 1970 (Santoro property located on Route 83 and Lake-Cook Road.) 1 4418 1 1/24/75 Trustee Marienthal requested the Board to consider making it a one year extension instead of 2 years in order to be consistent with the one year extension given to Chesterfield earlier this evening. Trustee Mahoney objected to the proposed change because the Board had voted in favor of the two year extension and passage of this ordinance is a formality, and because this is commercial property which is not the same as Chesterfield. Moved by Marienthal , seconded by Rech to change Ordinance #75-41 to grant a one year extension. Trustee Rech stated that the reason for request of this extension was because of the delay in construction of Lake-Cook Road which makes it have the identical circumstances as the Chesterfield property. She did not feel the Board should make a distinction. In response to a question , Mr. Raysa stated that only Parcel A will be extended and that Parcel B has reverted to R-1 zoning in accordance with the annexation agreement. He said that Mr. Santoro has agreed to abide by all updated ordinances. The motion was withdrawn. President Fabish polled the Board, "yes" indicating favor of the ordinance but eliminating any reference to Parcel B and "no" indicating disapproval . The poll found the following: YES: 3 - Mahoney, Driscoll , Carroll NO: 3 - Rech, Bogart, Marienthal Moved by Bogart, seconded by Mahoney to approve Ordinance #75-41 with the following changes: 1 . Extend the agreement for only one year. 2. Delete any reference to Parcel "B" Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried. Administrative Order #17 Mr. Larson reviewed staff reports regarding uniforms in the Public Works Department, Police Department , and Department of Community Development. After discussion, Administrative Order #17 regarding uniforms was accepted based upon the reports submitted by the staff. 5. Questions from the Audience There were no questions from the audience. 4419 11/24/75 6. Board Comments Dundee Road and Route 53 Trustee Marienthal asked if the State had responded to the Village's request to have a two lane access to Dundee Road from Route 53. Mr. Larson stated that he had not received a reply. Mr. Larson was asked to contact the State again. L/ Central Dispatch ! President Fabish stated that the Police Central Dispatch is in need of another frequency. He said the Board of Directors of Central Dispatch has voted to apply for a $55,000 grant and that the Village's committment would be $330. He wanted the Board to be aware of the added expense. Ordinance Codification Moved by Mahoney, seconded by Bogart to request Mr. Larson to assign Bill Whited the task of making a survey of available services offered for codifica- tion of Village ordinances and report to the Board a summary of services and costs. Upon roll call , the vote was : AYES: 6 Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES : 0 - None Motion declared carried. Walkway Trustee Rech stated that the Chesterfield Development has provided a 10 foot easement on the eastern portion of their property for a walkway. She asked the staff to explore the possibility of obtaining an easement on the Scholz property so that the walkway may extend from Lake-Cook Road to Checker Drive. Mailboxes Trustee Rech stated that there are no mailboxes in the Lake County portion of the Village. She asked the Board to take the position that at least three be installed with possible locations being the schools. Mr. Larson stated that the Wheeling Postmaster had advised him that the boxes were not necessary because residents could use their individual boxes for mailings. Mr. Larson was asked to contact the Postmaster again on the matter. 7. Adjournment There being no further business to conduct, it was moved by Carroll , seconded by Rech to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 11 :30 P.M. Respectfully submitted, 7.---- // Village Clerk 4420 11/24/75 PASSED AND APPROVED this / day of ,, 1975. (0der U ' Village President Li 1 4421 11/24/75 TO: PRESIDENT AND BOARD OF TRUSTEES FROM: BOB BOGART DATE: NOVEMBER 24, 1975 As you know, I made the following proposal to Mr. Hillman of Chesterfield: 1 . I have said over the last four weeks that my position is two-fold: a. Resolution #72-35 must be acceptable to the builder. b. P.U.D. 7-12 must be accepted. 2. The builder has agreed to $64,000.00 in donations. I could live with that figure though it doesn 't meet the Resolution 72-35 requirement. 3. I do require the P.U.D. However, this is negotiable to a certain extent. I would ask the builder to accept 7 - 12 and I in turn would agree to an exception to 286 units. Fred Hillman 's main concern when I discussed with him on Monday, was the amount of money he would lose by reducing density. I would agree that he does not have to lose this money. However, we must conform to all other facets for the P.U.D. I would then vote for a two year extension. As far as I am concerned this is the extent I feel I can go! Mr. Hillman has rejected this proposal saying P.U.D. would force him to upgrade his development. With that statement, I believe we are going to get exactly what some of us suspect. I no longer believe that litigation and de-annexing is in the best interest of the Village. This leaves us with two alternatives: 1. To let the agreement lapse. This has some advantages and some disadvantages. Disadvantages Advantages a. possible building of 432 apartments When, and if, he returns he would have to live with all b. loss of school donation $64,000.00 current ordinances c. loss of $100/unit annexation fee OR 2. Extending the agreement. a. school donation b. density of 284 units 4422 1 1/24/75 page 2 November 24, 1975 I would propose the following three motions: 1 . that the present litigation be dropped 2. that we give Chesterfield a one-year extension with the stipulation he must have completed his preliminary plan and been before the Planning Commission in that year. 3. If this is not done, the Board will commit to some form of sanctioning using any means necessary.