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1985-09-23 - Village Board Special Meeting - Minutes 6702 9/23/85 MINUTES OF A SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, SEPTEMBER 23, 1985. President Clayton called the meeting to order at 7:33 P.M. Those CALL TO ORDER present stood and pledged allegiance to the Flag. Roll call indicated the following present: President Clayton; ROLL CALL Trustees Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; James Doyle, Assistant Village Manager; William Brimm, Finance Director; Gregory Boysen, Director of Public Works; Frank Hruby, Director of Building & Zoning; James Truesdell, Village Planner; and Raymond Rigsby, Superintendent of Public Works. Moved by Marienthal, seconded by Reid, to approve the minutes APPROVAL OF of the September 9, 1985 Regular Meeting. Trustee O'Reilly MINUTES noted the following correction on page 6697, third paragraph: delete the word "noted" and add "charged our basic water service rate." Trustee Marienthal noted the following correction on page 6694, second paragraph: "regarding improvements for commercial portion, and if they should be included in the Special District" should be added following the word "investigated". Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Brimm read Warrant #558. Moved by O'Reilly, seconded by WARRANT #558 Reid, to approve Warrant #538 in the amount of $933,154.59, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. President Clayton reported on the Northwest Municipal Conference NORTHWEST meeting of September 11, 1985. Morton Grove made application to MUNICIPAL join the Conference, and that application was accepted. CONFERENCE There was a presentation on MSD I/I standards, coming up with an alternative that the Conference wanted to represent to the MSD. Greg Boysen worked with other municipal engineers to develop this alternative, for which the Conference was most appreciative. Regarding Regional Taxicab Regulations, an intergovernmental study recommended not to come up with regional regulation and inspection. Police Chiefs are currently looking into some type of inspection and regulation in this area. 6703 9/23/85 A Resolution was passed regarding the Fair Labor Standards Act. Congressman Porter has introduced legislation which would make this more fair for municipalities. President Clayton noted that there is a similar resolution to be brought before the Board tonight, and noted that, if passed, this resolution should be sent to both Senators, as well as to Congressman Porter, along with a letter thanking him for his support. ` Mr. Balling noted the submission of the Management Report for MANAGEMENT �./ August, 1985; Trustee Marienthal made a comment on same. REPORT Mr. Balling explained the request from Lexington Development for OLD FARM a variation on lot 22, block 3, as outlined in his memo to the VILLAGE Board of September 18, 1985, and Mr. Piggott's letter to Mr. Balling of September 16, 1985. Mr. Piggott explained how the situation requiring the variation occurred. In answer to a question from Trustee O'Reilly, Mr. Piggott stated that the lot for which the variation is being requested is under contract; the lot for which the variation would be waived is in a future phase of development. Trustee Glover stated that he views this as a minor change. Mr. Raysa stated that he has a problem with treating this request as a minor change, because the Ordinance is set up so that notice must be given to surrounding property owners, a Public Hearing is necessary, a meeting with the ZBA is necessary. The Director of Building & Zoning has authority to grant a minor variation, but only up to 12". Mr. Raysa also noted that there is a written Annexation Agreement. Mr. Raysa is also concerned with precedent setting. There could also be a problem with a homeowner requesting another variance on that lot at some future date. If the Annexation Agreement were to be amended, there must be another Public Hearing, etc. Mr. Raysa stated that the written Annexation Agreement is re- corded against the whole property, but minor changes will not be recorded. The minor change would be recorded in Village building records, and would be a matter of public record, but would not be recorded in the Annexation Agreement. Mr. Raysa stated that the most expedient method of handling this situation is to grant a minor change, with a covenant with the current owner of lot 31 saying "I hereby as owner withdraw any variation given by the Village." Mr. Raysa stated that he needs to talk with the Village Manager to see that this situation does not occur again in the future. Mr. Raysa stated that the real exposure to the Village in this instance is precedent. Moved by O'Reilly, seconded by Glover, that a covenant be established for block 6, lot 31 in Lexington, withdrawing a variation granted in the Annexation Agreement, and on block 3 lot 22, granting a minor variation. Upon roll call, Trustees voted as follows on the motion: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. ?T'14 6704 9/23/85 Mr. Balling explained the proposed change in plan for High Point HIGH POINT Plaza, noting that the issue before the Board is not one of PLAZA variation, but one of interpretation on plan change. The Village reserves the right to either administratively let the Board modify the plan, or have the Board send the plan back to the Plan Commission. Mr. Balling noted that he had met with Chairman Sheldon of the Plan Commission, and the Plan Commission agenda is booked through October, so, should this item be referred to the Plan Commission, the first available date would be the first week in November. Mr. Gary Cawn, architect, stated that the proposed changes were made because there is a change in management to Arthur Rubloff Partners. Mr. Cawn explained that, in the new plan, building #2 has been shifted 81' to the east; the parking behind the building has been shifted to the front of the building; they believe this change to be minor. The building square footage has been increased to 48,213, and the parking spaces have been increased to 252. Mr. Cawn explained the parking changes; the traffic people have stated that the proposed plan is basically a cleaner one; the plat of subdivision on this property has not yet been recorded. Trustee O'Reilly does not believe that this change can be treated as a minor one; she asked about pedestrian access, which Mr. Cawn explained for her. Mr. McCarty of Arthur Rubloff Partners stated the reasons they wish to move the parking to the front of the building. Trustee Shields likes the parking in the front of the building, but is concerned about the traffic flow; he does not want to approve this just because there is not any space on the Plan Commission agenda for a few weeks. Mr. McCarty stated that they will still work with Jewel to get employees to park behind the building. Trustee Marienthal stated that he does not view this as a minor change because additional square footage was added, the parking was moved from the back to the front, the courtyard effect between building #1 and #2 has been eliminated and he believes this plan is more hazardous to pedestrians; he cannot justify not sending this plan back to the Plan Commission. Mr. Cawn responded to Trustee Marienthal's comments. Trustee Reid stated that he has difficulty with some of the ideas being proposed, and he finds it difficult to view 81' as a minor change; he would prefer that the Board not treat this proposed change as a minor variation. Trustee Glover believes that this proposed change should be referred to the Plan Commission, although he believes that the plan could be an improvement. Moved by Glover, seconded by O'Reilly, to refer the change in plan for High Point Plaza to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. J 6705 9/23/85 Mr. Balling stated that there is a proposal by a party to RANCH MART purchase the Ranch Mart Shopping Center; he stated that the SHOPPING Board is not being asked for a decision tonight, but to determine CENTER whether or not this is a minor change, in which case the proposal will be on the October 7, 1985 Board Meeting. Mr. Truesdell reviewed a plan dated January, 1975; he noted that the outlot is not a part of this proposal; he noted that a 2-story building elevation is proposed. Moved by Glover, seconded by O'Reilly, to send the proposed change in plan for the Ranch Mart Shopping Center to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Balling stated that direction is needed on the use of private MUNICIPAL contributions for the Municipal Sign Board. Since the commitment SIGN BOARD on the part of the Village has changed considerably, does the Board wish to use the contributions already donated for the sign, or should those contributions be redirected to some other charitable use. Mr. Balling then explained a telethon hosted by American Cable- systems for the benefit of Clearbrook Center in Rolling Meadows; several municipalities have agreed to participate in this telethon through a 30 minute segment variety show. Clearbrook has requested an appearance before the Board for a fund appeal. President Clayton suggested that, if the Board determines that the private contributions made complicate the matter of sign useage, only the funds from Barry's Bar-B-Q and Pizza Hut be redirected to another source, and the community organizations that contributed make up their own minds as to how to use the funds. Trustee Glover thinks that it is good that community groups took an active part and were willing to donate to the sign; he does believe that the Village would be better off not using the funds from business ventures for the sign. If Pizza Hut and Barry's Bar-B-Q are agreeable, he has no reservations about redirecting those funds to the Clearbrook Center; he believes the Village should accept the community funds donated for the sign. Trustee Shields basically agrees with President Clayton's suggestion, and thinks that it makes sense to not use the funds donated by businesses. Trustee Shields thinks the Board should first decide whether or not to use the funds at all, and, if not, to then decide the disposition of same. With regard to the funds donated by Barry's Bar-B-Q, Trustee O'Reilly believes that they received a tremendous amount of advertising for those funds, and she does not believe that the funds which were donated for a specific purpose should be redirected to a place which is not in the community, which we have never funded V y 6706 9/23/85 before, and also because the Village does not make a practice of funding social service agencies other than Omni-House; she believes this is a good standard to follow; although she does not believe the funds should be redirected, she does believe that, if they are, they should remain in the Village. Trustee Marienthal stated that the funds derived from the two businesses were given with the full knowledge of their proposed use; he believes it is wrong to redirect the funds; he fully supports using the funds for their original intention. Mr. Raysa asked if a letter accompanied the checks specifically stating that the money was to be used for the specific purpose of the municipal sign; Mr. Balling will check into same. President Clayton stated, if the money is to be redirected, the businesses will be contacted for their approval. President Clayton polled the Board: "Yes" indicates favor of redirecting the private funds that were contributed for the municipal sign; "No" indicates opposition: YES: Glover, Reid, Shields, Kowalski NO: Marienthal, O'Reilly All "Yes" votes were based on the condition that this would be agreeable to the businesses that donated the funds. President Clayton polled the Board: "Yes" indicates favor of having the representatives from Clearbrook make a presentation to the Board regarding their telethon; "No" indicates opposition: YES: Glover, Reid, Shields, President Clayton NO: Marienthal, O'Reilly, Kowalski Trustee O'Reilly stated that, since the Village is going to offer an opportunity to the Clearbrook Center to make a presentation, she believes that we should also invite the numerous other charitable causes that have asked the Village for money to make their presentations. President Clayton stated that she only suggested that funding be directed to Clearbrook because, since the money was donated from businesses, contribution could be made without using tax dollars. Trustee Reid stated that his willingness to listen to a presentation from Clearbrook does not mean that he wishes to open the door to all other social service agencies that wish to petition the Village for corporate funds. President Clayton polled the Board: "Yes" indicates favor of inviting other social service agencies in the area who have unique fund raising activities to make presentations before the Board: "No" indicates opposition: YES: Marienthal, O'Reilly, Glover, Reid, Kowalski NO: Shields 6707 9/23/85 Mr. Balling noted that a report was received from the Illinois STAMPING Development Finance Authority indicating that the firm of Stamping DEVELOPMENT Development, Inc. has applied for an Industrial Development Bond. INC. IDB Staff has examined the facility, and does not believe there should be any objection to this financing proposal; there was no objection from the Board. Trustee Marienthal stated that he believes that there are too many AGENDA items under the Village Manager's Report Mr. Balling noted that Zale Construction Company has a material ZALE change in their plan, and suggested adding this item to the agenda as the last item of business on tonight's agenda. Mr. Balling noted that there will be a workshop scheduled with WORKSHOP the Park District and the Village Board on Monday, September 30, 1985. President Clayton noted a Certificate of Appreciation to be given CERTIFICATE OF to Martin Berlant for his service on the Transportation Commission. APPRECIATION President Clayton asked if there were any questions from the QUESTIONS FROM audience; there were none. THE AUDIENCE President Clayton explained the Consent Agenda, and stated that CONSENT any member of the audience or the Board could request that an AGENDA item be removed for full discussion; there were no such requests. Moved by Marienthal, seconded by O'Reilly, to approve Resolution RESOLUTION #85-46, a resolution establishing a Corporate Savings Account for #85-46 the Golf Course Fund. This resolution authorizes the establish- (Corporate ment of a corporate savings account for the Golf Course Fund at Savings the Bank of Buffalo Grove in order to provide additional flexi- Account) bility for investment opportunities for fund deposits. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by O'Reilly, to award the bid for AWARD OF BID the joint purchase of Road Salt to the low bidder responding to (Road Salt) the Northwest Municipal Conference, Morton Salt, in the amount of $22.97 a ton. Salt purchases by the Village for FY85-86 were budgeted at $23.00 a ton. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by O'Reilly, to authorize the AUTHORIZE bidding for a Fire Alarm System. Authorization is requested to BIDDING solicit bids for fire alarm systems for the Village Hall and Public (Fire alarm Service Center as approved in the FY85-86 budget. Upon roll call, systems) Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. U 6708 9/23/85 Moved by Marienthal, seconded by O'Reilly, to approve the Final APPROVAL OF Plat for Cedar View Phase III. Engineering approval of this projectFINAL PLAT is recommended subject to approval of the Development Improvement (Cedar View Agreement and receipt of the project's financial security in the Phase III) amount of $153,581.24 in a form acceptable to the Village Attorney. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Trustee Glover explained the proposed ordinance. Moved by Glover, ORDINANCE seconded by Reid, to pass Ordinance #85-55, amending the Buffalo #85-55 Grove Zoning Ordinance 1983, as amended - Special Use, School. (Zoning) Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Nathaniel Sack, attorney for the Jewish Federation, stated ORDINANCE that they have received favorable recommendation for their request #85-56 to rezone the Washington Irving School; he noted the special con- (Jewish ditions which apply. Community Center) Mr. Sack referred to condition i) in Section 3. of the proposed ordinance. He stated that, in broad substance, they have no problem with that condition, however, they do not want to be limited to having the Jewish Federation as the owner. There are a series of agencies which are affiliated with the Federation, and it is possible that one of them may become the owner of the property; they are all charitable agencies; should one of the agencies become the owner, it would not affect the operation of this property. Mr. Sack presented the Board with a draft of a substitute paragraph for condition i) . Mr. Sack noted that they have a similar problem with condition e) . in Section 3. It is anticipated that the Jewish Community Center will expand to take up possibly all of the building some time in the future. It is also contemplated that one or more of the affiliated agencies will take up a portion of the building as a tenant of the Federation, and they would like to broaden condition e) . to permit that type of expansion. Mr. Michael Tarnoff of the Jewish Federation stated that the same discussion was held at the Plan Commission, and at that time it was decided to define the word "tenant" .to mean "parties not related to the Jewish Federation". Trustee Glover asked if Mr. Raysa was agreeable to the wording suggested by Mr. Sack. Mr. Raysa stated that he is agreeable to the wording, but he would like to have "Illinois not for profit corporation" included in condition i) . Mr. Raysa then clarified some of the items in the proposed ordinance. A resident of the area stated that he is concerned with the parking of the Mini Subee van and bus, headlights shining into his home, the traffic, and parking on the streets. Mr. Tarnoff stated that the bus and van from Mini Subee will be parked on Arlington Heights 6709 9/23/85 Road side of the building. President Clayton assured residents that the Village will ensure that all conditions in the ordinance are followed. Trustee Glover thanked the gentlemen for their input and coopera- tion during the various meetings held on this subject. Mr. Raysa explained the method of enforcement of STOP signs on private property. Moved by Glover, seconded by Marienthal, to pass Ordinance #85-56, Washington Irving School Rezoning and Special Use, amending Section 3. , item e) and i) as proposed. Mr. Sack suggested the following language for condition e) : insert the following after the "No new tenants": "other than any Illinois not-for- profit corporation which is an affiliate of or the successor to the Jewish Federation of Metropolitan Chicago or expansion of existing tenants beyond the area shown on Sheet 2 of Exhibit A shall be permitted." Trustee O'Reilly questioned Mr. Raysa regarding the Playground Indemnity Agreement. Mr. Sack stated that they agree as a condition to their zoning that the existing outdoor playground equipment be available for public use, and that is not terminable. Mr. Tarnoff stated that, although the agreement with the Park District to maintain the equipment is able to be terminated, their agreement is that the playground equipment will be made available to the public, and that is a condition of their zoning. Trustee O'Reilly stated that she would like to see some kind of signage on the property stating that the playground equipment is available to members of the public; Mr. Tarnoff stated that the Jewish Federation will erect such a sign. Mr. Sack stated that in Section 3. , condition b) , the phrase "or its tenants" should read "or other tenants of the building." Upon roll call, Trustees voted as follows on the motion: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Tarnoff thanked all members of the staff and the Commissions they have worked with for their efforts in this project; he also made a statement to the residents of the community that the Jewish Federation does not purchase a building of this size very often, and this purchase represents a very long-term commitment to this community, and they expect that all residents of the community will benefit from this building. ' 711p 6710 9/23/85 Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #85-47, a Resolution for Improvement by Municipality under the #85-47 Illinois Highway Code. Trustee Marienthal asked if the Village had requested any funds from the Village of Arlington Heights; Mr. Balling stated that he believes it is feasible for Arlington Heights to share in this project, but they have not received a presentation as yet. In answer to a question from Trustee O'Reilly, Mr. Boysen described the proposed improvement. With regard to the study for a pedestrian walkway, Mr. Balling stated that there is a tremendous amount of concern from the high school, Mill Creek residents, and senior citizens, as to the danger of crossing Dundee Road. Trustee O'Reilly thinks that the services rendered by Midwest Consulting Engineers should be evaluated, along with the possibility of performing these services in-house. Upon roll call, Trustees voted as follows on the motion: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #85-48, accepting the Agreement for Phase I Engineering Services #85-48 for the Improvement of the Arlington Heights Road and Dundee Road Intersection. Trustee Glover noted a concern with commiting to an expenditure without having any participation from anyone else. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Kowalski NAYES: 1 - O'Reilly Motion declared carried. Moved by Reid, seconded by Marienthal, to pass Resolution RESOLUTION #85-49, opposing Local Government Coverage Under the Fair Labor #85-49 Standards Act. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. President Clayton declared a recess from 9:30 P.M. until 9:47 P.M. RECESS Mr. Doyle made a presentation regarding the Fair Labor Standards FAIR LABOR Act, highlighting overtime pay requirements. What staff has tried STANDARDS to do in making recommendations to the Board is to maintain, as ACT much as possible, the current overtime practices; avoid any dis- ruptive change to work schedules; minimize the cost of retroactive overtime payments and ongoing compliance to the Act. With those three goals in mind, staff recommends the following: designate exempt employees; establish new work weeks and new work periods; the Village Manager issue new regulations regarding call-back pay and guaranteed minimums; that Section 7. ,e. , exclusions be followed; and that the policies and procedures recommended in the memo given 6711 9/23/85 to the Board be adopted immediately. Mr. Balling stated that staff is working with Buffalo Grove High School to reconcile special duty wages, the question being whether or not the Village wishes to participate with the high school in providing special duty pay. Moved by Reid, seconded by O'Reilly, to direct the Village Manager to notify the Principal of Buffalo Grove High School that his request for special consideration has been denied. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by O'Reilly, to pass Resolution RESOLUTION #85-50, amending the Personnel Rules of the Village of Buffalo #85-50 Grove. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Trustee Glover reviewed the tables regarding the distance between SIGN CODE signs in the Village. After discussion, President Clayton polled AMENDMENTS the Board: "Yes" indicates favor of going along with the recommenda- tion of the joint committee, which was 200' between signs; "No" indicates opposition: YES: Glover, Reid, Shields, Kowalski NO: Marienthal, O'Reilly In answer to a question from Trustee Glover, Trustees Marienthal and O'Reilly stated that they believe 300' would be a better number, because there would be too many variances granted with the 200' distance. There was discussion regarding amortization. Mr. Raysa explained his letter to Mr. Doyle of August 30, 1985. Trustee Glover asked for another polling on amortization. President Clayton polled the Board: "Yes" indicates favor of leaving amortization as it is written in the August 14, 1985 document; "No" indicates opposition: YES: Marienthal, Glover, Reid, Shields, Kowalski NO: O'Reilly There was then discussion regarding whether or not the ZBA should have final recommendation authority. President Clayton polled the Board: "Yes" indicates favor of leaving Section 21. , 14.44.010 Chapter 14.44 Variances as written before the Board this evening; "No" indicates opposition: YES: Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NO: Kowalski Mr. Raysa recommended making the following change when he redrafts the ordinance: on page 12, subsection F. , he would recommend the posing of one placard rather than the three now stated. The ZBA recommends the following language: "No sign shall be closer than 200' to any sign within the Village." ST() 6712 9/23/85 President Clayton asked if there were any objections to Mr. Raysa's suggestions; there were none. Trustee Glover stated that he would like to make the distance 250' between signs, rather than 200' ; there was no objection from Trustees. Moved by Glover, seconded by O'Reilly, that the Village Attorney redraft the proposed Sign Code amendments, and that it be placed on the Consent Agenda. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Balling explained that an error had been made in describing ZALE the materials to be used. Moved by Glover, seconded by O'Reilly, to approve the Appearance Commission recommendation on the condition that the masonry materials be laid-in-place brick rather than nail-on brick. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly,Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Reid, seconded by O'Reilly, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:30 P.M. Janet 14:) Sirabian, Village Clerk APPROVED BY ME THIS Ttit., DAY OF CSA)-.6)k) , 1985. Village llage President