1979-01-22 - Village Board Special Meeting - Minutes 5351
1/22/79
MINUTES OF SPECIAL MEETING OF THE VILLAGE
BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS,
HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL,
MONDAY, JANUARY 22, 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 8:40 P.M.
ROLL CALL Roll call indicated the following present : President
Fabish; Trustees Rech, Bogart, Marienthal , Stone, Mendenhall ,
Kandel .
Also present were William Balling, Village Manager; William
Raysa, Village Attorney; Harry Walsh, Chief of Police; William Davis ,
Director of Public Works; Gregory Boysen, Village Engineer; William Brimm,
Finance Director; William Sommer, Assistant Village Manager; and Bart
Delaney, Planning Co-ordinator.
MINUTES Moved by Marienthal , seconded by Rech to approve the
minutes of the regular meeting held January 15, 1979, as
published. Upon roll call , the vote was:
AYES: 4 - Rech, Bogart, Marienthal , Stone
NAYES: O - None
ABSTAIN: 2 - Mendenhall , Kandel
Motion declared carried.
NORTHWEST President Fabish reviewed his memo, dated January 18, 1979,
SUBURBAN WATER regarding the January 17, 1979, Board of Directors meeting
SYSTEM of the Northwest Suburban Water System Venture. The firm
of Metcalf & Eddy Engineers and Murphy Engineering, a joint
venture, was selected as consultant to perform the preliminary
engineering phase for the study at a cost not to exceed
$128,000. Also, it was determined that Buffalo Grove would be immediately
liable for the $10,000 second seed money installment which was paid by all
other Venture members in the spring of 1978.
In response to a question from Trustee Rech, Mr. Balling
stated that the executive committee extensively reviewed all proposals,and
it was felt that while the low bidder was ranked within the top three proposals,
the credentials of both of the joint venture firms far exceeded the capabilities
of the low bidder.
POLICE CADET Police Chief Walsh reviewed the Police Department 's Cadet
l / GRADUATION program. He then presented nine young people, who had
�./ completed their eleven week "Cadet Academy", to receive
their certificates.
President Fabish presented certificates to Peter Mack,
Kevin Walsh, Robert Junge, Dave Cloos, Terry Como, John Alex, Michael
Blennerhasset, Shana Hallet, and Phillip Kaleta.
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APPEARANCE Upon recommendation of the Appearance Commission, President
COMMISSION Fabish appointed Michael R. Holland to the Commission for
APPOINTMENT a term to expire April 30, 1982. Moved by Mendenhall ,
seconded by Bogart to concur with the President 's appoint-
ment. Upon voice vote, the motion passed unanimously.
POSTAL SERVICE Trustee Kandel referred to a recent newspaper article, and
stated that he was appalled by comments attributed to the
Wheeling Post Master; i .e. that it is too difficult for the
mail carriers to get out of their trucks to deliver mail
3' to the mail boxes.
Trustee Marienthal stated that he has been trying to reach
the Post Master for the last week because certain portions of Lake County
did not receive mail last week because the carrier could not deliver from
the side of his truck.
President Fabish stated that he contacted Congressman Crane
to ask his assistance in this matter.
RESOLUTION #79-5 Moved by Marienthal , seconded by Kandel to pass Resolution
#79-5 commending each member of the Public Works Department
for their efficient and professional manner in which they
handled snow removal and ice control during the severe
snow storm. Upon voice vote, the motion passed unanimously.
STRATHMORE_ Mr. Balling stated that he contacted Mr. Conrardy, owner
SHOPPING PLAZA of the Strathmore Shopping Plaza located at the southeast
corner of Arlington Heights Road and Route 93, to advise
him that occupancy permits would be withheld until the
Village Board reviewed the final building layouts of the
remaining five stores.
Regarding the nuisance at the Early Learning Center site
on the subject property, Mr. Balling said he had asked the Village Engineer
to secure barriers from the owner (Arvid Olson) , and to install "no tres-
passing" signs on the property.
Mr. Boysen stated the nuisance consists of a 2 ' drop between
the top of the concrete slab and bottom of the excavation. Trustee Rech said
the barricades are not keeping children from entering the site. Mr. Boysen
said nothing can be done to make the site inaccessible to someone who is
determined to enter the site, but the barricades highlight the fact there is
a hazard. Mr. Balling stated that Mr. Olson indicated that he did not think
a snow fence was practical nor was one available. Lengthy discussion
v followed.
Mr. Balling stated that Mr. Olson has asked to be on the
agenda of the next Board meeting, February 5, to discuss some of the conditions
of his appearance recommendation. He felt if the Board wants additional
sanctions to abate the nuisance, it could be discussed at that time. Trustee
Rech requested staff to inform the Appearance Commission to review that
section so that when Mr. Olson is before the Board, the question of a per-
' formance bond can be addressed.
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Discussion took place regarding the possibility of
requiring Mr. Olson to install some type of temporary fence on his south
and east property line. Mr. Raysa did not feel the Board should require
the fence because the Board would be acting as a public municipal body
protecting the public from the hazards of private property. He felt the
Board would be taking on too much. Instead, he felt the property owner
should be concerned about a law suit he might get from someone who might
be injured on the property.
President Fabish polled the Board, "Yes" indicating favor
of requiring Mr. Olson to install a temporary 5' fence along the south and
east property line of the Early Learning Center property, and "No" indicating
opposition. The poll found the following:
YES : 2 - Rech, Marienthal
NO: 4 - Bogart , Stone, Mendenhall , Kandel
President Fabish asked Mr. Balling to discuss the matter
with Mr. Olson to determine if there is some solution to the problem.
SNOW REMOVAL Mr. Davis gave a status report on the snow removal program
and Federal Disaster application. He said his department
is in the final stages of removing the snow from the recent
severe storm. He said he anticipates a 2/3 return on cost
of snow removal from the Federal Disaster Assistance
Administration.
It was noted there was some problem in certain areas, such
as The Crossings, because there was not enough right of way on which to pile
the snow. Trustee Rech requested a staff report on whether the front yard
requirements are adequate to handle situations such as this.
Mr. Davis stated his primary objective was to keep all
streets open with one lane of traffic. The present objective is to have
all streets with two way traffic which should be accomplished by tomorrow
at midnight.
Disaster funds are being channelled through the Illinois
E.S.D.A. On January 27, Mr. Davis and the local E.S. D.A. Co-ordinator,
Paul Soucy, will attend a meeting at which procedures and record require-
ments for reimbursement will be discussed.
BUFFALO GROVE Mr. Balling stated that at last week's meeting, a bill
DAYS EXPENSE from Rolling Hills Nursery, in the amount of $106.46, for
restorative work at Emmerich Park was removed from the
�•/ warrant. He said the Park District showed him a copy
of the application to use the park, which was executed
by the Chairman of the Buffalo Grove Days Committee, reviewed their policy,
and gave some pictures of the damage. He asked President Fabish to review
the pictures and identify the damage he observed being made by a B.G.R.A.
member. He said his review found that the Village does owe the Park District,
and the bill will be on the next warrant.
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RECESS There was a recess from 9:45 P.M. until 10:00 P.M.
ORDINANCE #79-5 Moved by Marienthal , seconded by Rech to pass Ordinance
(Amend Arlington #79-5, AN ORDINANCE AMENDING ANNEXATION AGREEMENT DATED
Country Club Condo JUNE 2, 1978, AND AMENDING ORDINANCE NO. 78-45 (Arlington
annexation agree- Country Club Condos) , subject to review of the Village
ment) Attorney, Village Manager, and staff; incorporating
Exhibits 78-38 and 1026-10; incorporating Appearance
Commission approval of landscape plan on August 24, 1978;
incorporating the revised plan of development dated
January 19, 1979, including a new Exhibit D which is
one sheet, dated January 12, 1979, establishing height of the building and
showing the maximum height of the mansard roof at an elevation of 145' ;
subject to underground parking to start at elevation 942' , which is 52 '
below the sidewalk level of 100 ' ; architectural plan to be reviewed and
approved by the Appearance Commission; and the entrance median must be 6'
wide and the sidewalk 5' .
Trustee Bogart stated that the developer has agreed to
submit his architectural plan to the Appearance Commission for their review
but not subject to their approval .
Trustee Kandel found the portion of the motion regarding
Appearance Commission approval hard to accept because the only change made
to the building was location of some windows and balconies. He stated that
the Plan Commission has reviewed and approved the changes. During the
lengthy discussion that followed, Trustee Mendenhall suggested that the
architectural plan be referred to the Commission for confirmation that the
materials remain the same as originally approved.
Mr. Raysa reviewed the amendment.
Upon roll call , the vote was:
AYES: 1 - Marienthal
NAPES: 5 - Rech, Bogart, Stone, Mendenhall , Kandel
Motion defeated.
Discussion took place regarding requiring the Appearance
Commission to review the approved landscaping plan on the east end of the
property to determine if adjustments should be made for line of sight from
the single family residents on the east toward the building.
Trustee Stone asked if this were approved tonight, would
the developer agree to comply with any reasonable requests or suggestions
of the Appearance Commission. Mr. Weiss , Vice President of Bernard Katz &
Company, stated that they would agree if the emphasis were placed on
"reasonable". He did not want the approval subject to Appearance Commission
determination. Some Trustees were concerned that if the amendment were
passed not subject to Appearance Commission approval , the Village would lose
their control in the matter. Other Trustees felt that since the landscape
plan and architectural plan were already approved by the Appearance Commission,
compliance with those plans were all that was required. Mr. Weiss said he
had to know if he could build his plan prior to January 25 when he consumates
the purchase of the property.
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Trustee Rech explained that she will vote negatively on
the change in plan because she did not feel the Arlington Country Club property
should be developed in a "piece meal" manner. She felt it would be a better
*CORRECTION development if ali th 1 d were developed as on ro e t. ��Trustee Marienthal
statea that stapdar99 ev i l laae i,J 9cedvure was Rot teolplow'ec rear • • .op ••. •
e ear ce ommission on thhis particular protect; t e e ore._ e e it was
an usurpation eir powers. ove y an el , seconded by Mendenhall to pass Ordinance
#79-5, AN ORDINANCE AMENDING ANNEXATION AGREEMENT DATED JUNE 2, 1978, AND
AMENDING ORDINANCE NO. 78-45 (Arlington Country Club Condos) , subject to
review of the Village Attorney, Village Manager, and staff; incorporating
Exhibits 78-38 and 1026-10; incorporating Appearance Commission approval
of landscape plan of August 24, 1978; incorporating the revised plan of
development dated January 19, 1979, including a Exhibit D which is one
sheet, dated January 12, 1979, establishing height of the building and showing
the maximum height of the mansard roof at an elevation of 145' ; subject to
underground parking to start at elevation 941' which is 51' below the side-
walk level of 100 ' ; the entrance median must be 6' wide and the sidewalk 5' ;
and direct the staff to direct the developer to go to the Appearance Commission
to confirm compatibility with the originally approved plans.
Upon roll call , the vote was:
AYES: 4 - Bogart, Mendenhall , Kandel , Fabish
NAPES: 3 - Rech, Marienthal , Stone
Motion was defeated because an amendment to an annexation
agreement requires a 2/3 vote of the corporate authorities.
Mr. Tenner, attorney representing the developer, requested
the Board to reconsider because it was not made clear before the vote was
taken that a 2/3 vote was required.
Moved by Mendenhall , seconded by Kandel to reconsider the
motion. Upon roll call , the vote was :
AYES: 4 - Bogart, Mendenhall , Kandel , Fabish
NAPES: 3 - Rech, Marienthal , Stone
Motion declared carried.
Moved by Kandel , seconded by Mendenhall to pass Ordinance
#79-5, AN ORDINANCE AMENDING ANNEXATION AGREEMENT DATED JUNE 2, 1978, AND
AMENDING ORDINANCE NO. 78-45 (Arlington Country Club Condos) , subject to
review of the Village Attorney, Village Manager, and staff; incorporating
Exhibits 78-38 and 1026-10; incorporating Appearance Commission approval of
landscape plan dated August 24, 1978, incorporating the revised plan of
dated January 19, 1979, includinga new Exhibit D which is one
developmentu y
sheet, dated January 12, 1979, establishing height of the building and
showing the maximum height of the mansard roof at an elevation of 145' ;
�•/ subject to underground parking to start at elevation 942' which is 52' below
the sidewalk level of 100' ; the entrance median must be 6' wide and the
sidewalk 5' ; and stipulation that the developer will comply with any reason-
able requests of the Appearance Commission and will use the same materials
that have been approved and meet building code requirements .
Mr. Weiss stated they would comply with any reasonable
request of the Appearance Commission as long as it is understood that approval
been given to the interior floor plan and the Commission will maintain
has v
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the integrity of that floor plan. It was noted that the floor plan will be
approved this evening since it is contained in Exhibit B of the amendment to
the annexation agreement.
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Upon roll call , the vote was :
AYES: 5 - Bogart, Stone, Mendenhall , Kandel , Fabish
NAYES: 2 - Rech, Marienthal
Motion declared carried.
ORDINANCE #79-6 Moved by Marienthal , seconded by Kandel to pass Ordinance
(AMEND ARLINGTON #79-6, AN ORDINANCE AMENDING ORDINANCE NO. 78-47 (Arlington
COUNTRY CLUB PUD) Country Club Condominiums) , including the conditions of
record. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES : 1 - Rech
Motion declared carried.
ORDINANCE #79-7 Moved by Bogart, seconded by Kandel to pass Ordinance
#79-7, AN ORDINANCE AMENDING ORDINANCE NO. 78-46 (Arlington
Country Club Condominiums) with the stipulation that the
surveyor must meet with the Village Engineer tomorrow.
Ordinance corrects legal description of the annexation.
Upon roll call , the vote was:
AYES: 5 - Bogart , Marienthal , Stone, Mendenhall , Kandel
NAYES: 1 - Rech
Motion declared carried.
1979-80 YOUTH Frank Mayfield, Chairman of the Youth Commission, reviewed
COMMISSION BUDGET the proposed 1979-80 budget for the Commission. The
program operation portion of the budget contained $40,000
expense and $40,000 revenue based on contributions and
grants. It was noted that no expenditure would be made
unless the funds were available in the bank. This budget
assumed that utilities , maintenance, insurance, and office
supplies would be paid by the Village.
The construction program portion of the budget contained
$5,600 which represented the difference between the original $600 estimate
for the excavation of the Youth Center foundation and the actual cost of
$6,200. The over-run was caused by poor soil conditions.
Lengthy discussion took place regarding the soil borings
and the problems involved with the foundation, fund raising, minimum and
maximum staffing, building maintenance to be performed by hired teenage help,
upkeep and utilities to be included in the program budget, and capital
expenditures to be included in construction budget.
For purposes of directing the staff in preparation of the
1979-80 budget, President Fabish polled the Board, "Yes" indicating favor
of the $5,600 building expense and "No" indicating opposition. The poll
found the following:
YES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NO: 1 - Rech
President Fabish polled the Board, "Yes" indicating favor
of the Village paying building maintenance, utilities, and operating costs
out of Village funds, and "No" indicating favor of these expenses being paid
by the Youth Commission in their Program Operation budget. The poll found the
following:
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YES: 1 - Bogart
NO: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
President Fabish polled the Board, "Yes" indicating favor
of the $40,000 plus utility cost program operation budget and "No" indicating
oposition. The poll found the following:
YES : 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NO: 1 - Rech
PUBLIC LAND The Board reviewed a letter, dated December 19, 1978, from
DONATION Walter Smith, President of the Board of Education of
ORDINANCE School District #102, requesting the Board to consider
expanding Ordinance #77-72 (Public Land Donations) to
include credits for 3 and 4 year old children.
Moved by Mendenhall , seconded by Bogart to inform School
District #102 that the Village is not desirous of altering Ordinance #77-72.
Trustee Rech noted that the State requires school districts
to provide service for pre-school children if the child meets established
special education criteria; therefore, she felt there was some merit to the
request.
Upon roll call , the vote was :
AYES : 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 1 - Rech
Motion declared carried.
1979-80 Mr. Balling reviewed his memo, dated January 18, 1979,
COMPENSATION in which he outlined his proposed 1979-80 salary admin-
PLAN istration plan.
Lengthy discussion took place regarding the economic
disadvantage allowance. Mr. Balling explained that this is different from
a cost of living adjustment. Some Trustees did not feel there should be both
a cost of living increase and a merit increase.
Lengthy discussion took place regarding "cap" on maximum
salaries, certain classifications, details of the plan itself, and compliance
with federal wage guidelines.
The Board requested Mr. Balling to prepare a breakdown
on the percentage of people and the levels that they are in their salary
ranges.
President Fabish polled the Board, "Yes" indicating favor
of the present economic disadvantage allowance portion of the salary plan,
and "No" indicating opposition. The poll found the following:
YES : 1 - Kandel
NO: 5 - Rech, Bogart, Marienthal , Stone, Mendenhall
The Board felt additional analysis needs to be done in
pay grades above 9.
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Trustee Rech referred to a letter from the Fraternal
Order of Police advising the Board that the proposed salary plan was not
brought to their attention until January 19, 1979. She felt this would have
been discussed at the employees ' roundtable which was organized last year.
Mr. Balling stated that his responsibility is to bring the proposal to the
Board for initial review and that last Friday, the proposal was distributed
to department heads for their review. Referring to the employees ' roundtable,
Mr. Balling stated that last year the F.O.P. petitioned to remove themselves
from the employees ' roundtable for salary purposes because they did not feel
it was a relevant vehicle to articulate the specialized needs of their depart-
ment. He said he will meet with all entities that request additional meetings.
DEPARTMENT OF Moved by Bogart , seconded by Kandel to accept Mr. Balling 's
BUILDING , memo, dated January 19, 1979, in which he outlined the
ZONING Department of Building and Zoning organizational structure.
Discussion followed. Upon roll call , the vote was:
AYES: 4 - Bogart , Marienthal , Stone, Kandel
HAYES: 2 - Rech, Mendenhall
Motion declared carried.
ADJOURNMENT Moved by Kandel , seconded by Marienthal to adjourn the
meeting. Upon voice vote, the motion passed unanimously.
Time: 1 :00 A.M.
Verna L. Clayton, Village C rk
PASSED BY ME THIS .6
ram,.
DAY OF j' , 1979.
'r
GGL
Village President