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1988-08-15 - Village Board Regular Meeting - Minutes 7453 8/15/88 MINUTES OF A REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, AUGUST 15, 1988. President Verna Clayton called the meeting to order at 7:39 CALL TO ORDER P.M. Those present stood and pledged allegiance to the Flag. Roll Call indicated the following present: President ROLL CALL Clayton, Trustees Marienthal, Glover, Reid, Shields and Shifrin. Also present were: William Balling, Village Manager; Lee Szymborski, Assistant Village Manager; William Raysa, Village Attorney; Richard Skelton, Assistant Village Attorney; Robert Pfeil, Village Planner; William Brimm, Finance Director; Charles Matt, Deputy Building Commissioner and Wayne Winter, Fire Chief. Moved by Glover, seconded by Reid, to appoint Shirley Bates, CLERK PRO TEM Clerk pro tem. Voice vote: Aye: Unanimously. Motion declared carried. Moved by Glover, seconded by Shields, to approve the minutes APPROVAL OF MINUTES of August 1, 1988. Correction noted by Trustee Marienthal: page 7451, Ordinance #88-74 (margin sp. Toshiba. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Mr. Brimm read Warrant #627. Moved by Glover, seconded by WARRANT #627 Reid, to approve Warrant #627 in the amount of $2,027,460.24, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. President Clayton read the Certificate of Appreciation CERTIFICATE OF commending the services of Beverly Goldberg for service on APPRECIATION the Transportation Commission. Certificate will be sent to Mrs. Goldberg. President Clayton appointed Mr. James T. Jarzab, 214 COMMISSION Stanton Drive to the Transportation Commission for a term to APPOINTMENT expire April 30, 1989. Moved by Glover, seconded by Reid, to appoint Mr. Jarzab to concur with ;the appointment. Upon 7454 8/15/88 roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Mr. Jarzab was present. President Clayton introduced him and said the Board is very pleased that he will be working with the Village. His background is in transportation planning and his input will be welcome. Trustee Shifrin reported that the Arlington Heights double ARLINGTON HEIGHTS RD left turn lanes have been opened and the contractor should be commended. Trustee Marienthal advised those present that the recycling RECYCLING PROGRAM program is beginning and asked the newspapers to give the Village continued coverage. Mr. Szymborski added that the "kickoff program" was attended by reporters from the Herald and Channel 7. The 5 PM News carried a nice report giving good coverage of the Village's philosophy. The Tribune Satellite Service called asking for details about the program. Publicity has been good. Trustee Reid thanked the Buffalo Grove Days Committee and BUFFALO GROVE DAYS the Chamber of Commerce for the new publicity banners. Trustee Glover announced some of the changes that will occur because of the campus construction. The Tent will be located to the south of the Public Works Building; the carnival will be at Emmerich Park West, and the Arts and Crafts will be in front of the Village Hall, as usual. He also commended the Buffalo Grove Days Committee for excellent work. Mr. Balling presented 5 reports. The July, 1988 report MANAGEMENT REPORT includes an update of the Municipal Campus Development Program which is about 11% complete and all phases are near the schedule. There are some unresolved issues but Mr. Boysen is back to work part time and will be providing some recommendations. Trustee Marienthal asked about the status of 730 Woodhollow 730 WOODHOLLOW (B & Z Department) Mr. Balling replied that the Inspector is aware of the issue and has made contact with the property owner. He will prepare a report for the Board. Mr. Balling submitted Item VIII.C. Group Health Insurance EMPLOYEE HEALTH Cost Analysis. He hopes to have a cost containment plan INSURANCE RATES within the next 60 days. 7456 8/15/88 Mr. Zajicek said the Ordinance governing this plan was a 1973 PUD that came into effect about the same time as the application was made. It states that if a preliminary plan is approved the developer shall file a final plan within 5 years and of course did not do that here. But the 1973 PUD Ordinance goes on to state what a preliminary plan is and states a whole list of things that are included in a preliminary plan. The original submittal was a concept plan which was termed an illustrative site plan; it was not an engineered plan and it was never elevated to a preliminary plan. The purpose of submitting the plan was to show what the concept was and allow a developer at any time in the future to come in with upgraded preliminary plan and then a final plan. Mr. Zajicek's position is that if Mr. Pfeil or the Village Attorney thinks that the 1973 PUD Ordinance governs it really doesn't because they never submitted a preliminary plan in the first place. They are doing that now. There are a couple of other reasons why he didn't think it was a preliminary plan. The Plan Commission members in their minutes itemized all the things that had to be shown on a preliminary plan and it indicated these weren't shown and then they asked the Village Attorney whether the Village was going under the 1973 PUD Ordinance. There is a memo in the file from Mr. Raysa's father to the Village Board that states that the Village is not going under 1973 PUD Ordinance because the Village asked the developer for the change. Mr. Zajicek stated that presumably this was so the Village could talk about the Village Hall site and the Golf Course site and that it wouldn't be fair to go under the PUD change. There are minutes which state that if the Village wanted the developer to go under the PUD Ordinance the developer said it would. The Village Attorneys have said nevertheless the 1973 PUD Ordinance might apply and that the property might lose its special use zoning because of it. Mr. Zajicek stated that if the 1973 PUD Ordinance does apply, it says a developer shall file within 5 years, but it does not state any consequences for failure to file a preliminary plan, which are set forth in another paragraph. If the Village wants to revoke the Special Use Permit and reclassify the zoning, some specific action must be taken. This has never been done, therefore, Mr. Zajicek concluded the special use is in effect. 7455 8/15/88 Mr. Brimm gave a summary of his memo dated July 25, 1988 including claims paid out through June 30, 1988; stop-loss figures and claim history. Cost containment strategy is being developed to stabilize costs. Trustee Glover suggested research of private industry methods of reducing costs. Several programs are available: patient advocate service; employee participation; variable room rates; employee only and employee dependent plans, etc. The Village should expand it's type of program. Mr. Balling's next report concerned a proposed amendment to CHURCHILL LANE Lexington's Churchill Lane Annexation Agreement. They would ANNEXATION like to expand from 4 to 6 semi-custom models. He would recommend treating this as a minor change which can be approved by the Village Board. The models are larger from approximately 2,600 sf. to over 3,000 sf. Price range is uncertain. Moved by Reid, seconded by Glover, that Lexington's request be approved as a minor change and may be handled administratively by the Village Manager. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shields NAYES: 0 - None ABSTAIN: 1 - Shifrin ABSENT: 1 - Mathias Motion declared carried. Mr. Balling introduced Mr. David Zajicek, attorney for Don GOLF COURSE NORTH Kirk, purchaser of the property on Checker Road north of the PARCEL A Golf Course. The subject he wanted to discuss was the Golf Course North Parcel Plan approved by the Village Board in 1974 - by Ordinance #74-22A. Mr. Zajicek noted the Board's previous referral of Mr. Kirk's plan to the Plan Commission. He noted the development of the three other parcels that were covered by Ordinance #74-22A. He stated the Village has never taken the position that Ordinance #74-22A was not valid, and the property is no longer zoned R-9, Special Use. He represented that the purchasers have kept their bargain to give land for Village sites and other donations. Donald Kirk does want to build the townhouse/condominium development shown on the plan. A Plan Commission meeting is scheduled to determine if the plan substantially complies with Ordinance #74-22A and if it complies with the new Development Ordinance. Mr. Zajicek stated he has heard that it might be the Village position that the special use under Ordinance #74-22A has been lost and that the reason being given for the loss of status is because a final plan was not filed within 5 years after the preliminary plan was approved. 7457 8/15/88 Mr. Zajicek stated that another argument of the Village Attorney in his disucssions is that perhaps the '61 Ordinance applies which states that if Special Uses, and it uses the word "uses" (like as if you are doing something) are discontinued, (like as if you did something with it, continued it for awhile, and then discontinued it) after a period of one year, the property reverts back to the original zoning classification. This does not apply either, because the property has never been used, no use was begun and therefore there is nothing that is being discontinued. Mr. Zajicek stated that the Zoning Map has been amended many times and the underlying zoning of the site remains R-9, Special Use. The Village does not really want the property developed R-9. The use of the property for the Village Hall or Golf Course has not expired, and the right to develop the original property as townhouses and condominiums should not expire. Mr. Zajicek and Mr. Kirk do not want to go through litigation. They are asking the Village to act in good faith and recommend the product be taken to the Plan Commission for review. Mr. Kirk plans to build a good product that will sell and which is no denser than what was approved in 1974. Regardless of what position may be taken, they want to work with the Plan Commission and the Village Board to build a successful product. He asked that the Board allow the developer to proceed with the Plan Commission on Wednesday at the Work Session. Mr. Balling asked Mr. Zajicek to explain his relationship to the owner of the property. Mr. Zajicek said that he believes, but is not positive, the owner is a land trust of which Barry Eckert and a few other people are the beneficiaries. At this point, he represents the developer of the property and if involved in anything further, he supposes that he would represent everybody, but not positive with his relationship to the owner of the property. PUBLIC HEARING President Clayton read the Public Hearing Notice for the 1988 Tax Levy, Truth in Taxation, which was published in the Daily Herald on August 4, 1988. She called the Public Hearing to order at 8:20 P.M. Mr. Brimm stated this Public Hearing will conclude the Village's requirements under the Truth in Taxation Act. The binding increase for the corporate and special purpose levies, representing the pension 745.8 8/15/88 plan for all Village employees will exceed the current estimated extension by 8.97%. The major corporate levies were reviewed. The increase of 5.48% is above the requirement for notification and it ties in with the long range fiscal plan for the Village, which is tied in with increased population and other factors. The levy has been stable for a number of years, and the increase is reflective of the rapidly growing tax base, residential base and the expansion of the consumer price index. The major increases are in the area of the pension funds. and retirement funds. Contributions for the employer are being increased for 1989. A new part of the tax is for Medicare. Some of the required increases are the result of the October trade market crash. The increases will benefit the policemen and firemen. The State determines the actual computation. Mr. Balling added that even though this procedure is mandated by State Statute, it does not necessarily mean that this will be the amount of tax rate increase to the property owners in Buffalo Grove. There are some predictions that the tax rate next year will be stable or somewhat lower than this year, based on growth and the assessed value within the community. The increase is not automatic. There were no comments from the Public or the Board of Trustees. The Public Hearing remains open until after the ordinance is passed. President Clayton asked if there were any questions from the audience. There were none. President Clayton explained the Consent Agenda, stating p g CONSENT AGENDA that any member of the audience or the Board could request that an item be removed for full discussion. Mr. Raysa requested that Item XI.C. be pulled for discussion and Item XI.E. ,be reworded because the Board is approving a DIA and the plat of easement for ingress, egress and water mains should be included. This was included in the recording of the minutes. Moved by Glover, seconded by Reid, to approve Ordinance ORDINANCE #88-75 #88-75, concerning payment of Prevailing Wages on public (Prevailing Wage) works projects. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved byGlover, seconded byReid, to approve the Award of PP AWARD OF BID Bid - Arboretum Golf Course Parking Lot Lighting. Upon (Arboretum Golf roll call, Trustees voted as follows: Course) 7459 8/15/88 AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to approve the Award of AWARD OF BID Bid maintenance equipment for the Arboretum Golf Club of (Arboretum Golf Buffalo Grove. Upon roll call, Trustees voted as follows: Course) AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to approve the DevelopmentDOMINION SUBDIVISION Improvement Agreement and attending conditions, plat of (DIA) easement for ingress, egress and water mains - Dominion Subdivision (Lot 4) . Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to approve the Plat of CHERBOURG Resubdivision, Cherbourg Townhomes, Lots 2, 4, 5, and 27. (Plat of Resubdi- The Village Engineer recommends approval. Upon roll call, vision) Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to approve the Final ROGERS CENTRE Plat and Development Improvement Agreement - Rogers Centre (Final Plat & DIA) for Commerce. The Village Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to accept the CHASE PLAZA Appearance Commission Approval: Chase Plaza - Signage. (aesthetics) 1. under canopy signs 2. sign criteria revision. The Appearance Commission recommends approval of this aesthetic element. Upon roll call, Trustees voted as follows: 74b0 8/15/88 AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to accept the Appearance OLD FARM VILLAGE Commission Approval for Old Farm Village - Signage. (signage) The Appearance Commission recommends approval of this aesthetic element. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to accept the Appearance BCS PROPERTIES Commission approval for BCS Properties, 1. architecture/ (aesthetics) materials, 2. lighting/landscaping. The Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to accept the Appearance CANTERBURY FIELDS Commission approval for Canterbury Fields - Dartmoor Homes (signage) - Sign. The Appearance Commission recommends approval of this aesthetic element. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to accept the Appearance CREST HIL HOTEL Commission Approval: Hilton CrestHil Motel (Lake-Cook (aesthetics) Road) , Architecture/materials. The Appearance Commission recommends approval of this aesthetic element. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to accept the Appearance ROGERS CENTRE Commission approval for the Arthur Rogers Building - Arbor (aesthetics) Creek, 1. architecture/materials 2. lighting/landscaping 3. signage. The Appearance Commission recommends approval 7461 8/15/88 of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to accept the Appearance ARBOR CREEK Commission approval for Arbor Creek Spec Building, Lots 23, (aesthetics) 24. 1. architecture/materials 2. lighting/landscaping 3. signage. The Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Glover, seconded by Reid, to approve the VINTAGE Appearance Commission approval for Vintage -Fence Element (Fence-Exhibit F) of Exhibit F. The Appearance Commission recommends approval of this aesthetic element. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Ordinance 4#88-76 is a request for approval of a revised ORDINANCE #88-76 - PUD; rezoning Canterbury Fields (Billings Property) (Canterbury Fields) Preliminary Plan from R-E District to an R-2 District. Mr. Patrick Taylor made the presentation. He reviewed the August 10, 1988 memo from Mr. Pfeil to Mr. Balling with I'I reference to the proposed 4.48 acres of open space at the northeast to be dedicated for park area. The Park District has indicated that it could accept the restriction of no organized league or practice games, but could not agree to the covenants prohibiting backstops, goal posts, etc. The Park District has further stated it has no interest in the detention area in the southeast corner of the Billings property. Mr. Taylor said the development's success is dependent on controlling the amount of activity that takes place in the park area. 7462 8/15/88 Mr. Balling informed the Trustees that the language of the PUD agreement dated 8/8/88 reflects the Board's direction, but does not correspond to the Park District's input. The Park District may accept no land at all. Special Conditions - Section F has added language that would bring the northeast and southeast spaces to the Village with the northwest area including deed restrictions and covenants that would limit use. It could be possible for the Village to be owners of all three parcels of land. There was a prior agreement in which Mr. Taylor would a somewhat smaller park with tennis courts, propose landscaping, tot lot, and an open field that would not be suitable for regulation play. This alternative is also unacceptable to the Park District. Mr. Balling said that the last two sentences on Page 8, beginning "The Declaration shall also provide. . . through . . .review and approval." should have been deleted. The Township has expressed a passive interest in the northeast corner, in connection with their acceptance with land on the other side of the property line. The Park District would have the right of first refusal. President Clayton asked if the prior agreement meets the land requirements of Title 17? Mr. Balling replied that all three areas must be included in the land calculations. Following the Park District's lead of givingthe northeast and southeast f no creditor basins, the amount is about 10,000 sf. or 1/4 acre short. Improvements, to be completed within 2 years, were to be included as part of the arrangement. Mr. Taylor recalled that the residents of the Zale subdivision that were present at the public hearing wanted a tot lot; and the proposal would take care of their objections. Mr. Bob McNeely, Park District Commissioner, was present and said that their concern was the safety problem caused by the lack of backstops. Games would not be scheduled, but local people could play there and without backstops, balls could be hit out to the resident's property. He added that you cannot stop teenagers from using open areas to play ball. The Park District would accept an area that can be used for recreation. Maintenance was discussed and Trustee Glover stated he did not think it is a good use of taxpayers funds to have both the Park District and the Village maintaining property in the same areas. Mr. Balling recalled the backstops and goal posts were 7463 8/15/88 eliminated because Staff and the Board were sympathetic to the developer's concern about the adverse affect an active field would be on marketing. Improvements such as a backstop would draw active use, scheduled or unscheduled. Mr. Taylor said they were not against safety amenities or kids playing baseball. Their concern is about organized games that would bring people into the area causing a parking problem. Trustee Glover said backstops should be permitted. Trustee Shifrin agreed, and as a soccer coach, he would welcome additional practice fields with goal posts, etc. Trustee Reid said that backstops are safety features, but not goal posts. He is disappointed about the Park District's refusal to accept open land, not just recreational areas. Green space, such as the southeast corner is needed. Trustee Marienthal suggested deletion of portions of Section 17, Page 9. Mr. Balling rephrased Paragraph 2: "The Village has represented that said lands will be used as a low-profile recreation area, and no organized league or practice games, but which allow tennis courts and a playground." Add a sentence such as "structures for safety would be permitted." President Clayton asked for a poll to determine if the Board favors Section 17 of the PUD as amended: Upon roll call, Trustees voted as follows: YES - 5 unanimous Mr. Raysa called attention to Page 12, Section F. Should this section be left in? If land is conveyed to the Village, it would have to be maintained by the Village. Does the Board prefer to have it maintained by a homeowners association? Consensus of the Trustees was to leave the section as it is written. The land should be maintained by the Park District or the Village because residents would object to paying taxes for park maintenance if they had to do the work in their own community. Moved by Reid, seconded by Glover to pass Ordinance #88-76, as amended. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. 7464 8/15/88 Mr. Raysa said the developer has requested change on the last line of Page 7, Section 13: following "along Buffalo Grove Road". It is understood that if the developer constructs semi-custom homes, as determined by the village Director of Building and Zoning, Appearance Commission shall not be required. reOiew Moved by Shifrin, seconded by Glover, to amend the PUD to incorporate the language as stated above. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. The Public Hearing was re-opened. There were no comments or questions. Mr. Raysa noted error in Year in Subject heading: should be 1988, not 1987. Moved by Shields, seconded by Glover, to Approve Ordinance ORDINANCE #88-77 #88-77. Upon roll call, Trustees voted as follows: (Authorizing Levy) AYES: 4 - Marienthal, Glover, Shields, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, Reid Motion declared carried. Moved by Shields, seconded by Glover to approve Resolution #88-43. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, Reid Motion declared carried. Moved by Shields, seconded by Glover to approve Resolution #88-44. No discussion. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Marienthal, seconded by Reid to pass Ordinance ORDINANCE #88-78 #88-78, permitting fencing of lots abutting a golf course. (Fence Code) Trustee Marienthal inquired why the previously discussed 10 foot rear yard setback requirement was changed to permit property line fencing. 7465 8/15/88 Mr. Balling responded. Because the intent of the Board is to limit fencing, the 10 foot restriction would have permitted property owners applying for decks, to also erect a fence within 10 feet of their property line. The second issue was the maintenance of the property outside the 10 foot perimeter. It could become a non-maintenance zone for which the Village would most likely assume responsibility; or it could become a less desirable use, such as a vegetable garden, compost pile, etc. The alternative is that perimeter fencing would only be allowed for swimming pools. Other privacy fencing must be attached to decks or patios. Dog runs have also been limited by the requirement that they be attached to the house. Mr. Raysa clarified the swimming pool restrictions of Boca Code, Section 616.4 - Pools must be no closer that 6 feet from rear or side lot lines; and Boca Code, Fence Section 616.9 - Fences can be not less than 4 feet and must surround the swimming pool. Mr. Matt added that the fence can be on the property line or around the pool area. If the pool is 5 feet above ground, the fence could be placed on top of the pool and the fence would be 9 feet above ground. Trustee Marienthal asked if this ordinance would apply to all property that abuts or partially abuts a golf course? Mr. Raysa responded that the lot must touch golf course property, and would not apply to lots across Acacia Terrace or Port Clinton Road. Further, Mr. Raysa's recommended deletion of Section 15.20.055, Subsection A.4 - relative to tennis courts. In Section 2 of the ordinance, a higher standard is set than the current standard for Fence Variations; i.e. proposed fences shall not be detrimental to public health, safety and welfare. This standard is being increased by Section 15.20. 145 of the proposed standard for golf course fencing ordinance, which requires the owner to demonstrate unique circumstances, and not alter the essential character of the neighborhood. Section 15,20. 145 will allow the Village Board, not the Zoning Board, to permit variances with regard to golf course lots. Deletion of Section 15.20.044, A.4 will eliminate confusion. 7466 8/15/88 Mr. Raysa suggested a memo to Village Staff stating, "fencing for tennis courts was considered for possible future variation," would be sufficient to clarify the Board's intent at this time. Trustee Marienthal agreed to amend his motion to pass Ordinance #88-78, with the deletion of Section 15.20.055 II, A.4. Trustee Reid agreed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Mr. Raysa noted 3 errors in copy: Last sentence of "the"Paragraph 2 - the word is misspelled twice; and P Section 1 - should be "Purchase". Moved by Shields, seconded by Glover, to pass Resolution RESOLUTION #88-45 #88-45. Upon roll call, Trustees voted as follows: (Acceptance of Police Station Site) AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. e at President Clayton called a recess 9:20 P.M. RECESS The meeting was reconvened at 9:32 P.M. Mr. Szymborski introduced Dennis Dubrow and Robin Weiss. CULTURAL ARTS SURVEY They have completed the cultural arts telephone survey and prepared a report which is dated August 15, 1988. The two main questions were to determine the cultural habits and desires of Buffalo Grove residents; and the degree of support that residents would give in the way of tax impact. Mr. Weiss expressed appreciation to the Village Staff for helping with the preparation of the study. He said it is II' their opinion that the objectives of the study have been met. The data ascertained will provide a basis for the Village Board to make a determination whether to pursue or not to pursue the referendum question on the November ballot. Mr. Dubrow said 215 calls were completed. Results are } 7 points. There was no significant difference in demographics, Lake County vs. Cook County, age, married or single, homeowners/renters, etc. 7467 8/15/88 Three of the questions were demonstrated: Figure 1 - Is there enough current programming? Response was 35% - Neutral Figure 2 - Would residents support a cultural arts center? Response was about 38% - Somewhat support Figure 3 - Would residents support a tax increase? Response was 48% in favor. The response was not an overwhelming expression of need for a cultural arts center. Martin Silbernik, a resident, asked why the tax question was not a rated one with a range of levels from which the residents could choose? This information would have given the Trustees some idea of the amount of financial support people would find reasonable. Mr. Weiss responded that the Village Staff had asked for a realistic figure. The $58.00 figure included construction as well as maintenance, and was based on a similar facility in Schaumburg. Mr. Szymborski explained the formula in answer to a question from Mr. Arnie Fabrikant. Mr. Balling asked for discussion and a decision to be made this meeting because there is a time limitation for the filing of petitions and the next meeting may be too late to draft the referendum. Considering the 48% poll response, the Board could consider an emphasis be made on program development before capitol development; or it could take the more positive approach and begin with capitol development. Trustee Marienthal asked how the public would be informed of the referendum? President Clayton said that legally the Village can only supply factual information, and cannot take any stand, for or against. Trustee Glover expressed his concern that a cultural arts center could be built and that there would not be any programs, similar to the Youth Center building. If the referendum is favorable, then programs should be planned to utilize a cultural arts center. Mr. Raysa said the referendum could be worded similar to Question 6 on the survey, such as: 7468 8/15/88 "Would you support a cultural arts projet with a capitol cost of $3 million with an annual operating budget contribution of $100,00, which would result in an annual village tax increase not to exceed $58.00 for a resident with a home valued at $125,000." Phrasing of the question is important because the numbers are approximate. The cost of an advisory referendum is not a major expense. The cost of a special news letter would be $2,000 for one page, to $8,000 for four pages. Newspaper articles, cable television and press releases would be used to give out information to the public. After further discussion, Mr. Balling asked for a motion to be placed on the record at this time, so that the Village does not miss the deadline for filing, subject to reconfirmation at the Special Board meeting scheduled for September 22. So moved by Marienthal, seconded by Glover. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. President Clayton expressed appreciation to Mr. Dubrow and Mr. Weiss for completing the survey and for compiling the information for the Board in so timely a manner. Mr. Balling explained that this is a petition for a single DAVID PROPERTY property located within the limits of the Town Center area, (Petition to annex) adjacent to St. Mary's. It is a petition for voluntary annexation of the property and a structure which has been modified and that is now being used as an office building. Moved by Reid, seconded by Marienthal, to refer the David Property, 20039 Buffalo Grove Road, to the Plan Commission for a workshop and public hearing, per Mr. Pfeil's comments. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Consent Agenda, Item C was removed by Mr. Raysa because he AWARD OF BID was not comfortable with certain language on the 3rd and (Custom Pumper- 4th pages: The Cash Discount Payment Terms and Standard BGFD) Payment Terms did not seem to "jive", but Chief Winter 7469 8/15/88 explained that this is an option. Also on Page 4, Paragraphs 1, 2, and 3 of the Standard Payment Terms refer to defective equipment and equipment placed in fire service before total payment has been made. Chief Winter has stated that he believes FWD Corporation would accept other appropriate language, but the bid is only good until September 1st, so Mr. Raysa recommended acceptance of the bid of Fire Service Supply Company, for 1250 GPM Pumper, subject to acceptable language being worked out. So moved by Marienthal, seconded by Reid. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Moved by Reid, seconded by Glover, to move to Executive EXECUTIVE SESSION Session for litigation at 10:15 P.M. Upon roll call, ADJOURNMENT Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 0 - None ABSENT: 1 - Mathias Motion declared carried. Shirley Bat , Clerk Pro-tem APPROVED BY ME THIS 9q1J% DAY OF , 1988 Village President