1983-02-28 - Village Board Special Meeting - Minutes 6159
2/28/83
MINUTES OF THE SPECIAL MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, FEBRUARY 28, 1983.
President Clayton called the meeting to order at 7:35 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal , Stone, O'Reilly, Hartstein, and Schwartz.
Trustee Gerschefske was absent. Also present were: William
Balling, Village Manager; William Raysa, Village Attorney;
James Doyle, Assistant Village Manager; William Brimm, Finance
Director; Frank Hruby, Director of Building and Zoning; Ray
Henning; Housing and Zoning Inspector; and Paul Kochendorfer,
Village Treasurer.
Moved by Marienthal , seconded by Stone, to approve the minutes APPROVAL OF
of the February 7, 1983 Regular Meeting. Upon roll call , MINUTES
Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Marienthal , seconded by O'Reilly, to approve the
minutes of the February 14, 1983 Special Meeting. The following
correction was made on Page 6157:
The second paragraph under HIGHLAND POINT should read:"Plan 3620 and Plan 3630 may be built in Units 5 and 6,
provided however, Plan 3320 may only be permitted on lots
in said units other than those designated on the Highland
Point address map furnished to the Village Clerk, which
include Lots 1 and 2 in Block 6, Lots 14, 15, 16, 17, 18,
19, 20, 21 , 22 , and 23 in Block 9, Lots 20, 21 , 22, 23, 24,
1 , and 2 in Block 15, and Lots 1 , 2, 3, 4, 5, 6, 7, 8, 9, 10,
and 11 in Block 16. Plan 3400 may not be built and is
completely eliminated from Units 5 and 6.
Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , O' Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSTAIN : 1 - Stone
ABSENT: 1 - Gerschefske
Motion declared carried.
Mr. Kochendorfer read Warrant #496. Moved by O'Reilly, WARRANT #496
seconded by Stone, to approve Warrant #496 in the amount of
$579,791 .68 authorizing payment of bills listed. Upon roll
call , Trustees voted as follows :
AYES : 5 - Marienthal , Stone, O' Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
6160
2/28/83
Trustee Marienthal reported that the Arlington Heights Plan McDONALD'S
Commission did approve the McDonald 's on Dundee Road directly DUNDEE ROAD
south of Buffalo Grove High School , but he noted that they did
have some reservations regarding safety. Mr. Marienthal will
be present at the Arlington Heights Board meeting when this
subject is on the agenda, and he also stated that representatives
from Buffalo Grove High School will be at that meeting. Parents
of some students at Buffalo Grove High School also plan on attend-
ing the meeting.
�•/ Trustee Marienthal stated that he is in favor of getting a book INDIAN TRAILS
drop for the Indian Trails Library located near the Police LIBRARY
Department, or at the corner of Church Road and Raupp Boulevard. (Book Drop)
Some of the Trustees voiced the opinion that the decision
regarding a book drop should be made by the Indian Trails
Library Board, and that a decision regarding placement in the
Village should be made by the Village Manager.
Trustee Hartstein reported on three topics discussed at a TRUSTEE REPORT
meeting with Congressman Porter in Highland Park.
1 . Revenue Sharing - it appears that Revenue Sharing
will continue in its present form for at least three
more years.
2. Continuous Anti -Trust Implications - Congressman Porter
will discuss further with Senators Percy and Dixon to
see if some legislation may be possible with regard to
some exemptions for municipalities.
3. Concern by municipalities relating to legislation
that has been introduced in Congress in an attempt to
pre-empt all local governments from getting involved
with cable television regulation and franchising.
Those present expressed the concern that this should
not be pre-empted, and Congressman Porter indicated
that he was supportive of that position.
Trustee Stone reported that the Cablenet towns of the CABLE TV
Northwest Municipal Conference have proposed the hiring of
a consultant to study and make recommendations regarding the
cable interconnect between Cablenet and Warner-Amex. The
Northern Regional Cable group has discussed this and they are
opposed to the participation and the expense because they feel
that the interconnect is the responsibility of the two cable
companies and it is solely for the benefit of the educational
access . Since an interconnect is provided for in the cable
franchise, they feel it is up to the school districts and the
cable companies to attend to the details, including any
consultants they feel may be necessary.
President Clayton polled. the Board: "Yes" indicates favor of
having staff prepare a resolution informing the NWMC that the
Village of Buffalo Grove is not interested in participating
financially in the hiring of a consultant; "No" indicates opposition:
YES: Marienthal , Stone, O' Reilly, Hartstein, Schwartz
NO: None
ABSENT: Gerschefske
President Clayton stated that the resolution will be prepared for
the next agenda. t�pr
iJ
6161
2/28/83
Trustee O' Reilly reported that there have been six presentations LAKE MICHIGAN
on Lake Michigan Water so far. She stated they have gone very WATER
well , and the response in understanding has been very positive. PRESENTATIONS
Trustee Schwartz reported that the Fire and Police Commission COMMISSION
has adopted a policy on absenteeism for their commission, i .e. ABSENTEEISM
all commissioners are required to attend 75% of all meetings. POLICIES
a(Fire & Police
President Clayton stated that other commissions are adopting Commission)
similar policies, which will be districuted to the Board.
�•/ Mr. Balling noted the submission of the Management Report for MANAGEMENT
January. There were no questions on same. REPORT
President Clayton asked if there were any questions from the QUESTIONS FROM
audience. There were none. THE AUDIENCE
President Clayton explained the Consent Agenda, stating that CONSENT AGENDA
any member of the Board or the audience would request that an
item be removed for full discussion. It was requested that
Item XII B be removed from Consent.
Moved by Stone, seconded by O 'Reilly, to pass Ordinance #83-13, ORDINANCE #83-13
an ordinance declaring the necessity for a water main easement. (Water-main
This ordinance was prepared by the Village Attorney at the easement
request of School District #214 relevant to the subject ease- S.D. #214)
ment. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Stone, seconded by O' Reilly, to adopt Resolution #83-4, RESOLUTION
a resolution serving as a surety bond when permits are requested #83-4
by the Village to do work on State rights-of-way. This resolution
is required pursuant to Chapter 121 of the Illinois Revised
Statutes in lieu of a surety bond for any work done on State
rights-of-way during calendar year 1983. Upon roll call ,
Trustees voted as follows:
AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Stone, seconded by O' Reilly, to approve the Appearance APPEARANCE
�/ Commission recommendation reference Mobil Oil Corporation (Rt. COMMISSION
83 and Arlington Heights Road) architecture and materials, RECOMMENDATION
landscaping and lighting. The Appearance Commission recommends (Aesthetics
approval of these aesthetic elements for the subject project. Mobil Oil)
Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein , Schwartz
NAPES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried. -Xrn;)
ICI
6162
2/28/83
Moved by Stone, seconded by O'Reilly, to approve the Easement EASEMENT
Agreement for the Villagewide Water Main Reinforcement Project. AGREEMENT
This agreement is necessary for completion of the subject project. (Villagewide
Approval is recommended by the Village Engineer subject to receipt water main
of a completed notary certificate. Upon roll call , Trustees reinforcement
voted as follows: project)
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Mr. Raysa wished the record to reflect a discussion held RESOLUTION
between Mr. Balling, a representative from Donahue, and Mr. #83-5
Raysa held on February 28, 1983. Mr. Raysa referred to the
Donahue report of February 23, 1983 to the Board, specifically:
Page 1 , Paragraph 1 , E 3rd line, where it states that meters shall
be operated for periods of up to three months each; and further in
the paragraph where it stated that up to fifteen locations will be
monitored for various periods. Mr. Raysa has a problem with that
verbage. The bottom line is that the contract states that Donahue
has to provide the information necessary to the IEPA to verify the
sizing. Page 2 , last paragraph where it refers to the provisional
multiplier of 2.2923 and 2.64. As Mr. Raysa understands, the
reason it is called provisional is because it can change. Page 3,
Paragraph 5, G, the representative from Donahue has agreed to a
change in Paragraph G to read "Compensation for services rendered
under Paragraph lE shall be the actual cost , not to exceed $24,792."
Referring to the last sentence in Paragraph G, Mr. Raysa would like
the record to reflect that Donahue has agreed to the change that
extra costs will only be on prior written direction from the Village.
Page 3, Paragraph 5, H, the first sentence shall read : "Compensation
for services rendered under Paragraph IF shall be the actual cost
incurred, not to exceed $14,136." Mr. Roulette from Donahue agreed
with the changes made by Mr. Raysa. Mr. Raysa also pointed out that,
if there is no rain, the Village will incur costs.
Moved by O'Reilly, seconded by Marienthal , to pass Resolution
#83-5, approving an agreement for supplemental engineering
services related to a sewer system evaluation survey, with the
changes identified by Mr. Raysa. Upon roll call , Trustees voted
as follows :
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Marienthal , seconded by O'Reilly, to pass Resolution RESOLUTION
#83-6, commending NORTRAN Chairman, W. Warren Nugent. Upon #$3-6
voice vote, the motion was unanimously declared carried.
Trustee Hartstein reviewed the Lake County Forest Preserve LAKE COUNTY
District Land Acquisition Contribution , and referred to Mr. FOREST PRESERVE
Brimm's memo to Mr. Balling of February 23 , 1983. Mr. Brimm
commented on his memo. The Board was in agreement with the
staff recommendation regarding same, but it was requested that
YLL
6163
2/28/83
the staff determine from Lake County if other governmental
bodies had received the same request.
Mr. Ed Braun of the Schwaben Center reviewed the request of SCHWABEN CENTER
the Schwaben Center regarding the letter of credit. Trustee
Stone stated that the Plan Commission made it clear in one of
the requirements of their approval that there be some sort of
financial guarantee posted by the Schwaben Center be a part of
the extension.
Trustee Stone moved to approve the Plan Commission recommendation
on the Schwaben Center sidewalk. There was no second to the motion.
After further discussion, it was moved by Hartstein , seconded by
O'Reilly, that the recommendation of the Plan Commission be
approved with the elimination of the bond requirement. Mr. Raysa
stated that the Village is protected through the Annexation Agree-
ment. Upon roll call , Trustees voted as follows :
AYES: 4 - Marienthal , O' Reilly, Hartstein, Schwartz
NAYES: 1 - Stone
ABSENT: 1 - Gerschefske
Motion declared carried.
Trustee Marienthal referred to the letter to the Board from BARRY'S BBQ
Barry's BBQ, Inc. Mr. Allan Goldberg, attorney for Mr. Munic
of Barry's BBQ, presented the case of the petitioner. Mr. Goldberg
stated that the words "Draft Beer" on the sign would constitute
identification rather than advertising. Mr. Goldberg also stated
that the pylon sign is necessary for identification purposes. Mr.
Robert Gordon, attorney for Pilsbury Corporation which operates
Poppin Fresh reviewed the sequence of events regarding the signage
for Poppin Fresh. Mr. Gordon stated that they have investigated
the prospective owner of Barry's, and feel that they will be an
asset to the community. Pilsbury does not wish to close the
restaurant and leave it vacant. Chairman Heinrich of the ZBA
reviewed the findings of the ZBA. Mr. Goldberg stated that he does
not read any direct prohibition of advertising in the Sign Ordinance;
he also stated that their main reason for appearing before the
Board is to continue the existence of the free-standing pylon
sign. There was lengthy discussion on the subject.
Trustee Hartstein moved that the ZBA be overruled, and a variance
be granted with regard to this free-standing sign, subject to
approval of appropriate sign by the Appearance Commission.
There was no second to the motion.
Moved by Marienthal , seconded by Stone, to uphold the ZBA
findings at the meeting which was held on February 15, 1983.
*CORRECTION There was then further discussion. *Mr. Raysa stated that t
Section 14.44.O1OA of the Sign Code gives the ZBA authority to
( 11'A- vary the Sign Code if the petitioner satisfies four prerequisites;
Section B of Section 14.44.010 gives the ZBA sign variation authority
if the petitioner meets two prerequisites. The Village Board,
pursuant to Section 14.44.060, may determine to vary the application
of any of the regulations in the Sign Code in harmony with its general
purpose and intent in cases where there are practical difficulties or
particular hardships in the way of carrying out the strict letter of
the Sign Code requirements.
6164
2/28/83
Upon roll call , Trustees voted as follows on the motion to
uphold the decision of the ZBA:
AYES: 4 - Marienthal , Stone, O'Reilly, Schwartz
NAYES: 1 - Hartstein
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Marienthal , seconded by Stone, to adjourn the ADJOURNMENT
meeting. Upon roice vote, the motion was unanimously
declared carried. The meeting was adjourned at 8:55 P.M.
Janet Nl. Sirabian, Village Clerk
APPROVED BY ME THIS `7`tiri, DAY
OF D'A -L - , 1983.
V&g -
Village President
•