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1978-12-18 - Village Board Regular Meeting - Minutes 5333 12/18/78 MINUTES OF REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, MONDAY, DECEMBER 18, 1978. CALL TO ORDER The regular meeting of the Board of Trustees of the Village of Buffalo Grove was called to order by Village President Edward A. Fabish at 7:35 P.M. ROLL CALL Roll call indicated the following present: President Fabish and Trustees Bogart, Marienthal , Stone, Mendenhall , Kandel . Trustee Rech was absent. Also present were William Balling, Village Manager; William Raysa, Village Attorney; William Davis, Director of Public Works; William Brimm, Finance Director; Gregory Boysen, Village Engineer; and William Sommer, Assistant Village Manager. MINUTES Moved by Marienthal , seconded by Stone to approve the minutes of the regular meeting held December 4, 1978, as published. Upon roll call , the vote was: AYES: 4 - Bogart, Marienthal , Stone, Fabish NAPES : 0 - None ABSTAIN: 2 - Mendenhall , Kandel ABSENT: 1 - Rech Motion declared carried. WARRANT Moved by Kandel , seconded by Marienthal to approve Warrant #394, in the amount of $204,506. 14, and authorize payment of bills listed. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. 1979 ELECTION President Fabish announced that he plans to have his name placed on the ballot for Village President for the 1979 Village election. BLOOD COMMISSION Upon recommendation of the Blood Commission, President APPOINTMENT Fabish appointed Sylvia Bogart Chairman of the Commission. Moved by Mendenhall , seconded by Marienthal to concur with the President's appointment. Upon voice vote, the motion passed unanimously. CODE REVIEW Moved by Bogart, seconded by Mendenhall to establish a BOARD Code Review Board for any interpretation of the Building Commissioner's decisions pursuant to Section 127.0 of the BOCA Code. Upon roll call , the vote was : AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. 5334 12/18/78 President Fabish appointed the following people to the Code Review Board for the specified term: John Yost - April 30, 1984 John Guidotti - April 30, 1983 Don Hardt - April 30, 1982 Ray Knoeppel - April 30, 1980 Moved by Marienthal , seconded by Mendenhall to concur with the President 's appointments. Upon voice vote, the motion passed unanimously. RESIGNATION/ President Fabish officially accepted Trustee Rech 's TRUSTEE RECH resignation dated November 6, 1978. Resignation will be effective April 16, 1979. Moved by Bogart, seconded by Marienthal to accept the resignation. Trustee Bogart felt that Trustee Rech had done an excellent job and had gone beyond what is expected of a Trustee. Other Trustees also praised her work and felt the Village had lost a valuable person. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAVES : 0 - None ABSENT: 1 - Rech Motion declared carried. PLAN COMMISSION President Fabish officially accepted Plan Commissioner RESIGNATION Burton Harris ' resignation, dated November 29, 1978, and thanked him for his fine work. Moved by Mendenhall , seconded by Kandel to accept Commissioner Harris ' resignation from the Plan Commission. Upon roll call , the vote was : AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. PLAN COMMISSION Upon recommendation of the Plan Commission, President Fabish APPOINTMENT appointed John Kelly to the Plan Commission for a term to expire April 30, 1980. Moved by Marienthal , seconded by Mendenhall to concur with the appointment. Upon voice vote, the motion passed unanimously. BUFFALO GROVE Trustee Bogart read a letter, dated December 18, 1978, from MALL ADDITION James Coconas, Budget Manager for Kenroy - developer of the Buffalo Grove Mall , in which he stated that subject to receiving approval from the Board concerning their amended site plan, each of the four adjacent property owners would receive a check, in the amount of $2,000, said money to be used to screen their yards adjoining the Mall property. Trustee Bogart said the Committee has no recommendation with regard to this proposal . Trustee Bogart said he attended a meeting on December 14, with the four adjoining property owners at which they reviewed alternatives. The residents had asked for total screening which would cost approximately 5335 12/18/78 $31 ,000. The developer countered with a proposal of $1 ,500 to be used for screening on the resident 's property. Three of the residents accepted the proposal and one rejected it. Since that time, the developer contacted the residents and negotiated the $2,000 proposed this evening. He asked staff to contact Mr. Coconas for an agreement to be presented to the Board in the near future. Trustee Bogart stated that the present Zoning Ordinance permits no yard variations for B-1 , B-2, B-3, PUDs, R-7, R-8, and R-9. Moved by Bogart, seconded by Kandel to refer to the Zoning Board of.Appeals for public hearing an ordinance to permit up to a 1/3 yard variation in the B-2, B-3, R-7, R-8, and R-9 zoning districts. Lengthy discussion took place regarding the advisability of permitting a yard variation between commercial and residential . It was noted that this variation had been permitted until 1977, but was omitted in an amendment to the Zoning Ordinance that was passed in that year. In the discussion it was decided that a variation should not be permitted in B-1 because the yard requirement is only 25' . Trustee Stone requested no vote be taken until the full Board is present. Other Trustees felt that because a majority is present, a vote should be taken. Upon roll call , the vote was: AYES: 4 - Bogart, Marienthal , Mendenhall , Kandel NAPES: 1 - Stone ABSENT: 1 - Rech Motion declared carried. Trustee Mendenhall did not think it advisable to permit the developer to provide his screening on other than his own property. After some discussion, it was decided that comments regarding the screening should be brought up during the public hearing. MONTHLY ACTIVITIES The Summary of Administrative Activities for the Month of REPORT ' November 1978 was noted. 6 MONTH BUDGET The 1978-1979 Six Month Program Budget Review, dated REPORT December 13, 1978, as noted by the Board. STRATHMORE Mr. Balling stated that previously the Board granted SHOPPING PLAZA permission to issue to the Strathmore Shopping Plaza (southeast corner of Arlington Heights Road and Route 83) seven occupancy permits (one half of their units) prior to installation of their landscaping and fence if they posted a $5,000 bond to insure the installation. He said the bond has been posted, and the 7' fence is on order, but it will be several weeks since it is a special order. Tom Conrardy, owner and developer, now has requested that occupancy permits be expanded to nine. After discussion, it was decided that no additional occupancy permits would be issued until the fence is installed. Mr. Balling was asked to advise Mr. Conrardy to re-petition when the fence is installed prior to completion of landscaping. QUESTIONS FROM There were no questions from the audience. AUDIENCE 5336 12/18/78 HERITAGE PLACE Moved by Stone, seconded by Mendenhall to accept plats of UNIT III easement vacation for Heritage Place Unit III and to accept plats of easement as presented. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Rech. Motion declared carried. Moved by Stone, seconded by Mendenhall to amend the sideyard setback from 23' to 20' in Heritage Place Unit 3, Phase 3. Upon roll call , the vote was : AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. SIGN CODE Moved by Stone, seconded by Mendenhall to accept the recommendation of the select committee regarding no change in pylon sign requirements of the Buffalo Grove Sign Code. Upon roll call , the vote was : AYES: 5 - Bogart , Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. RESOLUTION #78-50 Moved by Mendenhall , seconded by Kandel to pass Resolution (Oppose Hospital) #78-50, A RESOLUTION OPPOSING THE WHEELING BUFFALO GROVE HOSPITAL. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. Mr. Balling was asked to send copies of the resolution to the Village of Wheeling, the County of Cook, and the Board of Directors of the Franklin Boulevard Hospital . ETHICS ORDINANCE Trustee Marienthal presented AN ORDINANCE CONCERNING ETHICS which would require elected officials, candidates, members of commissions and standing committees, and department heads to file disclosure statements and conflict of interest disclaimers with the Village Clerk on an annual basis. Administration and review of the statements would be the responsibility of the Village Manager. The Board reviewed the ordinance, section by section, and some changes were made. Moved by Marienthal , seconded by Bogart to pass the Ethics Ordinance including the changes made this evening and subject to review of the Village Attorney. Trustee Stone felt the ordinance should be redrafted and reviewed by the Attorney before the Board passed it. Trustee Mendenhall felt committee and commission members should provide input. It was decided that 5337 12/18/78 comments should be solicited from all effected persons, that comments should be sent to the Village Manager by January 3 so that they may be included in the Trustee agenda packets, and that the ordinance will be acted upon on January 8. The motion was withdrawn. RECESS There was a recess from 9:20 P.M. until 9:35 P.M. ORDINANCE #78-92 Moved by Kandel , seconded by Stone to pass Ordinance #78-92, (Codification) CODIFICATION ORDINANCE. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. ZONING ORDINANCE Moved by Marienthal , seconded by Kandel to refer to the (Setback Require- Plan Commission for public hearing an amendment to the ments) Zoning Ordinance to clarify setback requirements of Ordinance #77-23. Upon roll call , the vote was : AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAPES: O - None ABSENT: 1 - Rech Motion declared carried. HERITAGE PLACE Mr. Balling reviewed the Building Commissioner's memo, UNIT III/ dated December 13, 1978, regarding revised drawings for ARCHITECTURAL Building #5 in Heritage Place Unit III . The projected box bay window at the end of the building projects into the agreed upon 12 ' space between buildings. James Hemphill , developer, reviewed the drawings with the Board. Moved by Bogart, seconded by Mendenhall to accept and approve the Appearance Commission recommendation, dated November 30, 1978, and to allow 10' 1" between buildings for Building #5 only per the exhibits presented this evening. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Rech Motion declared carried. STREET SWEEPER & The Board reviewed a memo, dated December 14, 1978, from VACUUM SYSTEM Mr. Balling regarding purchase of a street sweeper and vacuum system to be paid on a 5 year installment payment program and to be charged to Street and Bridge, MFT, and Sewer Operations funds. Moved by Mendenhall , seconded by Kandel to authorize solicitation of bids for a street sweeper and vacuum system. 5338 12/18/78 During the discussion that followed, staff was asked to examine the possibility of purchasing the vehicle on a cash basis. A recommendation will be forthcoming from staff. Upon roll call , the vote was: AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Rech Motion declared carried. ADJOURNMENT Moved by Marienthal , seconded by Kandel to adjourn the meeting. Upon voice vote, the motion passed unanimously. TIME: 10:00 P.M. Vera L. Clayton, Villaq Jerk PASSEL}., BY ME THIS V DAY OF , 1979. Village President