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1979-01-08 - Village Board Special Meeting - Minutes 5339 1/8/79 MINUTES OF SPECIAL MEETING OF THE VILLAGE BOARD OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, MONDAY, JANUARY 8, 1979 CALL TO ORDER The special meeting of the Board of Trustees of the Village of Buffalo Grove was called to order by Village President Edward A. Fabish at 10:35 P.M. ROLL CALL Roll call indicated the following present : President Fabish and Trustees Rech, Bogart, Marienthal , Mendenhall , Kandel . Trustee Stone was absent. Also present were William Balling, Village Manager; William Raysa, Village Attorney; William Davis, Director of Public Works; and William Sommer, Assistant Village Manager. MINUTES Moved by Marienthal , seconded by Kandel to approve the minutes of the regular meeting held December 18, 1978, as published. Upon roll call , the vote was: AYES: 4 - Bogart, Marienthal , Mendenhall , Kandel NAPES: 0 - None ABSTAIN: 1 - Rech ABSENT: 1 - Stone Motion declared carried. VEHICLE STICKERS President Fabish stated that he has received telephone calls and correspondence requesting the Village Board to consider a special vehicle sticker rate for senior citizens. It was decided that the matter should be pursued and placed on a future agenda as soon as possible. SNOW REMOVAL/ President Fabish stated that he has received telephone SIDEWALKS calls requesting the Village to consider snow removal from sidewalks for the safety of children walking to school . Mr. Sommer stated that he had met with Public Works personnel and school administrators and defined the following two objectives: 1) provide pedestrian safety for school children and 2) removal of a 6" accumulation of snow from pedestrian school routes as defined by the school districts. He said it was determined there is no equitable means to pay for that type of service; therefore, he recommended the Board entertain 1) voluntary citizen participation and 2) Village clean the sidewalks along Dundee Road and along Arlington Heights Road which are not fronted by private property. Of the 66 miles of Village sidewalks, 7 miles were identified as basic school pedestrian routes. Labor cost to clean sidewalks would be $7 per mile, and cost of a piece of equipment would be $21 ,000. Trustee Kandel referred to an Illinois Supreme Court case, and stated that if the Village removes snow from sidewalks, the Village becomes liable for any accidents on those sidewalks. It was noted that the Village also would be liable for any damage to sod caused by the snow removal . 5340 1/8/79 Sandy Bornstein, 890 Dorncliffe, urged the Board to consider plowing the sidewalks along the main streets. She said he would visit the Parent Teacher Organizations to urge them to assist in getting citizen participation. Mr. Balling read a memo from Trustee Stone in which he stated that he felt the burden of sidewalk snow removal should rest with the residents. It was decided that the Village Attorney should look into the legalities involved with the subject, and after receiving the opinion, the Village would consider plowing sidewalks which are not fronted by private property. In addition, the Village would work with the schools to solicit voluntary citizen participation. BUFFALO GROVE Mr. Balling stated the Village has received revised MALL landscaping plans for the Buffalo Grove Mall to offset the impact of the 9 ' setback zoning error and increase the buffer between them and the single family residents. The plan will be reviewed by the Village Forester, the Zoning Board of Appeals, and the Appearance Commission prior to any action by the Village. CERTIFICATE OF Mr. Balling reported that the Village was advised by the OCCUPANCY Vernon Township Assessor that, in 1977 and 1978, certain PROCEDURE properties were not fully assessed within their identified time constraints because of a lack of filing of a certificate of occupancy by the Village to the Vernon Township Assessor. Evaluation of the impact found that the financial burden placed on Lake County taxing districts relates to 55 homes occupied between October, 1977, and December, 1977. For that three month period those 55 homes were assessed on a land only criteria rather than a full assessment criteria. All 1978 certificates of occupancy have been filed pursuant to standard procedures. For certificates received after June 1 , the Lake County Board of Review will meet within the next 10 days to add those properties to the tax roll . Maximum loss, resulting from the partial assessment of the 55 homes for the 3 month period is projected between $6,800 and $10,300. He then reviewed change in procedures to process C/Os more efficiently. A full detailed report will be sent to the Board in the near future. Trustee Rech asked to be notified of the time and date that the Board of Review would be meeting on this subject. MUNICIPAL Burton Harris, 701 Silver Rock Lane, asked why the Village ELECTION and Park District were holding their elections on different days. It was noted that the Village must hold their election on the third Tuesday of April , but the Park District may hold theirs on either the first or third Tuesday. After discussion, it was decided to send a letter to the Park District inviting them to share in the Village election. ANNEXATION AGREE- Moved by Marienthal , seconded by Rech to direct the Village MENT EXTENSION Attorney to draft an amendment to the annexation agreement N.W. OF LAKE COOK dated June 8, 1979, by and between the Village and Wheeling AND ROUTE 83 5341 1/8/79 Trust and Savings Bank as Trustee under Trust #723 extending the effective date of the agreement to June, 1979. Property is commonly known as the Santoro property and consists of 2.6 acres located at the northwest corner of Lake Cook Road and Illinois Route 83. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Stone Motion declared carried. ORDINANCE #79-1 Moved by Mendenhall , seconded by Rech to pass Ordinance (ELECTION) #79-1 , 1979 REGULAR MUNICIPAL ELECTION ORDINANCE, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Stone Motion declared carried. ARLINGTON COUNTRY Moved by Marienthal , seconded by Bogart to defer until an CLUB CONDOMINIUMS unspecified time consideration of an amendment of the ANNEXATION AGREE- annexation agreement dated June 2, 1978, between the Village MENT and E. L. Holzrichter and Taggart Interests. Property is commonly known as Arlington Country Club Condominiums and consists of 5 acres located on Dundee Road east of Buffalo Grove Road. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Stone Motion declared carried. ZONING ORDINANCE Moved by Mendenhall , seconded by Rech to refer to the Plan RE PARKING Commission for public hearing an amendment to the Zoning Ordinance regarding parking of vehicles other than passenger autos in a residential district. The Board requested that prior to sending the amendment to the Plan Commission, the Village Attorney add a section that would exempt any existing 28' RV and that the exemption runs with that vehicle only and not with any replacement of same. Also, the Board requested staff to prepare procedures for administering the ordinance. Upon roll call , the vote was : AYES: 4 - Rech, Marienthal , Mendenhall , Kandel NAPES: 1 - Bogart ABSENT: 1 - Stone Motion declared carried. RESOLUTION #79-1 Moved by Marienthal , seconded by Mendenhall to pass (SNOW PLOWING/ Resolution #79-1 , A RESOLUTION REGARDING SNOW PLOWING TO STATE OF ILLINOIS) THE STATE OF ILLINOIS. Resolution requests the State to take necessary action to provide appropriate manpower and equipment to meet their plowing responsibilities to the Village in an efficient and timely manner. 5342 1/8/79 The Board requested staff to investigate the possibility of negotiating to have the Village take over the maintenance of the road with reimbursement for time, labor, and material . Upon roll call , the vote was: AYES: 4 - Rech, Bogart, Marienthal , Mendenhall NAPES: 1 - Kandel ABSENT: 1 - Stone Motion declared carried. RESOLUTION #79-2 Moved by Marienthal , seconded by Rech to pass Resolution (SNOW PLOWING/ #79-2, A RESOLUTION REGARDING SNOW PLOWING TO THE COUNTY _COOK COUNTY) OF COOK. Resolution requests the County of Cook to take necessary action to provide appropriate manpower and equip- ment to meet their plowing responsibilities to the Village in an efficient and timely manner. Upon roll call , the vote was: AYES: 4 - Rech, Bogart, Marienthal , Mendenhall NAYES: 1 - Kandel ABSENT: 1 - Stone Motion declared carried. RESOLUTION #79-3 Moved by Marienthal , seconded by Rech to pass Resolution (SNOW PLOWING[ #79-3, A RESOLUTION COMMENDING SNOW PLOWING TO THE COUNTY LAKE COUNTY OF LAKE. Upon roll call , the vote was : AYES: 4 - Rech, Marienthal , Mendenhall , Kandel NAPES: 1 - Bogart ABSENT: 1 - Stone Motion declared carried. ORDINANCE #79 The Board reviewed a proposed Ethics Ordinance. (ETHICS ORDINANCE) Mr. Raysa reviewed his memo, dated January 8, 1979, in which he questioned the right of the Village to enact this ordinance absent home-rule powers. Some discussion took place concerning the section regarding gifts. President Fabish polled the Board to determine the value of a gift that could be received. The poll found the following: $25 - 3 - Bogart, Mendenhall , Kandel 0 - 2 - Rech, Marienthal Section to remain as written. Moved by Marienthal , seconded by Bogart to pass Ordinance #79-2, AN ORDINANCE CONCERNING ETHICS, subject to the following changes : 5343 1/8/79 1 . Page 3, Section 2.48.030 - Conflict of Interest Disclaimer - third numerical paragraph eliminated. Remaining paragraphs renumbered to be in numerical order. 2. Page 4 - Section 2.48.040 - Filing - Add to numerical paragraph 2 the following: If not elected, same shall be returned to the candidate. 3. Page 5 - Section 2.48.070 - Supplier's Statement - second paragraph "Village Clerk" changed to "Village Manager". Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. STRATHMORE The Board reviewed a letter, dated December 29, 1978, SHOPPING from Thomas P. Conrardy of Prudential Realty, developer PLAZA of the Strathmore Shopping Plaza located at the southeast corner of Arlington Heights Road and Route 83, requesting a waiver of the landscape requirements until weather permits. Mr. Conrardy stated that the fence is in place. He requested Occupancy permits for the remaining stores. Moved by Bogart, seconded by Kandel to waive landscape requirements for the Strathmore Shopping Plaza until May 1 , 1979, and to issue the necessary occupancy permits as requested. Upon roll call , the vote was : AYES: 5 - Rech, Bogart, Marienthal , Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Stone Motion declared carried. ADJOURNMENT Moved by Mendenhall , seconded by Rech to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 12:20 A.M. Ver a L. Clayton, Village C rk PASSED BY ME THIS / DAY OF 1979. E Vi lage President