1979-02-05 - Village Board Regular Meeting - Minutes 5359
2/5/79
MINUTES OF REGULAR MEETING OF THE VILLAGE
BOARD OF THE VILLAGE OF BUFFALO GROVE,
ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, MONDAY, FEBRUARY 5, 1979.
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 7:40 P.M.
ROLL CALL Roll call indicated the following present: President Fabish;
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; Lt. Arthur
Voigt of the Police Department; William Brimm, Finance Director; Gregory Boysen,
Village Engineer; and William Sommer, Assistant Village Manager.
MINUTES Moved by Mendenhall , seconded by Kandel to approve the
minutes of the special meeting held January 22, 1979, with
the following sentence added to page 5355 regarding the
amendment to the. Arlington Country Club Condominium annexation
agreement: "Trustee Marienthal stated that standard Village procedure was not
followed regarding approval of the Appearance Commission on this particular
project; therefore, he felt it was an usurpation of their powers."
Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
WARRANT Moved by Mendenhall , seconded by Stone to approve Warrant
#396, in the amount of $347,826.99, 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.
BLOOD COMMISSION Upon recommendation of the Blood Donor Commission , President
APPOINTMENT Fabish appointed Lorraine Aument to the Commission for a
term to expire April 30, 1982. Moved by Bogart, seconded
by Mendenhall to concur with the. President 's appointment.
Upon voice vote, the motion passed unanimously.
FIRE & POLICE Upon recommendation of the Fire and Police Commission,
COMMISSION President Fabish appointed James J. Chorzempa to the
APPOINTMENT Commission for a term to expire February 5, 1982. Moved
by Marienthal , seconded by Bogart to concur with the
President 's appointment. Upon voice vote, the motion
passed unanimously.
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ZONING BOARD OF Upon recommendation of the Zoning Board of Appeals,
APPEALS President Fabish appointed Joel Finfer to the Z.B.A. for a
APPOINTMENT term to expire February 5, 1984. Moved by Mendenhall ,
seconded by Stone to concur with the President 's appointment.
Upon voice vote, the motion passed unanimously.
LAKE COUNTY Glenn Miller of the Lake County Forest Preserve District
FOREST PRESERVE stated that the District has acquired approximately 350
DISTRICT (#79-9 acres west of Arlington Heights Road and north of Lake Cook
given Resolution) Road for open space and an M.S. D. detention basin. He then
distributed a map outlining the District 's property and
noted that 32.9 acres fronting on Lake Cook Road was vacant and had not been
acquired. He felt the property could be purchased for approximately $450,000.
He said he is requesting financial support from Buffalo Grove, Long Grove and
Arlington Heights before approaching the Land Acquisition Committee of the
District. He said that Long Grove has passed a resolution committing $15,000
of their RevenueSharing funds for this. Discussion followed.
President Fabish polled the Board, "Yes" indicating favor
of funding "seed money" for the purchase of the subject 32.9 acres, and "No"
indicating opposition. The poll found the following:
YES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NO: 0 - None
ABSENT: 1 - Rech
President Fabish polled the Board to determine the amount
of "seed money" the Village would consider contributing. The poll found the
following:
$15,000 - 2 - Bogart, Stone
$15,000 MAXIMUM - 1 - Marienthal
$15,000 MINIMUM - 2 - Mendenhall , Kandel
ABSENT: 1 - Rech
Moved by Bogart, seconded by Mendenhall to pass a resolution
providing for a contribution of $15,000 toward the purchase of 32.9 acres
north of Lake Cook Road to complete the Lake County Forest Preserve District
property. Upon roll call , the vote was:
AYES: 5 - Bogart , Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Trustee Kandel asked Mr. Miller to advise the Board of
Arlington Heights ' contribution when it is made. Mr. Miller stated he would
�•/' keep the Board apprised of the matter.
President Fabish said the resolution will be sent to Mr.
Miller before Friday of this week.
TRUSTEE MENDENHALL Trustee Mendenhall read a statement advising that he will
not seek election on April 17 because of time constraints.
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DEARBORN Moved by Mendenhall , seconded by Kandel to hold a public
ANNEXATION hearing on February 26, 1979, to consider the Dearborn
(SOUTH OF BUSCH Development Corporation annexation agreement and annexation.
ROAD) Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
FUTURE BOARD Because of the President's Day holiday, the regularly
MEETINGS scheduled Board meeting of February 19, was rescheduled
to February 20, 1979.
Because of Lincoln 's Birthday holiday, the Board meeting
of February 12, 1979, was cancelled.
1979-80 SALARY After discussion, it was decided to consider the 1979-80
PLAN salary plan on February 26 at 7:30 P.M. and schedule the
Dearborn public hearing for 9:00 or 9:30 P.M.
FEDERAL FUNDS/ In response to a question from Joe Sloat, 602 Maple Drive,
SNOW REMOVAL Mr. Balling stated that the Village will apply to the federal
government for reimbursement of money expended for snow
removal after the recent severe storm, but he did not
anticipate full reimbursement because some of the rented
equipment cost more than the federal government schedule
permitted.
RESOLUTION #79-6 Moved by Mendenhall , seconded by Stone to pass Resolution
#79-6, A RESOLUTION WHICH WILL SERVE AS A SURETY BOND WHEN
PERMITS ARE REQUESTED BY THE VILLAGE OF BUFFALO GROVE TO DO
WORK IN STATE RIGHTS-OF-WAY. SUCH RESOLUTION TO BE VALID
FOR THE CALENDAR YEAR 1979. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
ORDINANCE #79-9 Moved by Mendenhall , seconded by Stone to pass Ordinance
(MUNICIPAL #79-9, AN ORDINANCE AMENDING ORDINANCE #69-11 BEING AN
RETAILERS ORDINANCE IMPOSING THE MUNICIPAL RETAILERS OCCUPATION TAX.
OCCUPATION TAX) Upon roll call , the vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
ORDINANCE #79-10 Moved by Mendenhall , seconded by Stone to pass Ordinance
(MUNICIPAL SERVICE #79-10, AN ORDINANCE AMENDING ORDINANCE #77-65 BEING AN
OCCUPATION TAX) ORDINANCE IMPOSING THE MUNICIPAL SERVICE OCCUPATION TAX.
Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
II
Motion declared carried.
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RESOLUTION #79-7 Moved by Mendenhall , seconded by Stone to pass Resolution
(FEDERAL DISASTER #79-7, A RESOLUTION AUTHORIZING THE APPLICATION FOR FEDERAL
FUNDS) DISASTER FUNDS. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
�/ ORDINANCE #79-12 Moved by Mendenhall , seconded by Stone to pass Ordinance
(SALE OF 1221 #79-12, AN ORDINANCE DIRECTING SALE OF REAL ESTATE COMMONLY
BRANDYWYN) KNOWN AS 1221 BRANDYWYN. Upon roll call , the vote was:
AYES: 5 - Bogart , Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
HENDERSON/KOCH Moved by Mendenhall , seconded by. Stone to accept the
PROPERTY Certificate of Correction for the Henderson/Koch property
(north of Lake Cook Road between Route 83 and Weiland Road) .
Document corrects scrivener's error made in the original
legal description. Upon roll call , the vote was:
AYES: 5 - Bogart , Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
RESOLUTION #79-8 Moved by Mendenhall , seconded by Stone to pass Resolution
#79-8 authorizing the opening of an unemployment insurance
reserve savings account at the Bank of Buffalo Grove. Upon
roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
POLICE VEHICLE Moved by Mendenhall , seconded by Stone to authorize purchase
of a Police vehicle under the Highway Safety Program grant,
said vehicle to be an LTD purchased from Chalet Ford at a
price of $6,397.48 and to waive bids on the vehicle. Upon
roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
LEXINGTON HILLS Moved by Mendenhall , seconded by Stone to accept the
LANDSCAPE PLAN Appearance Commission recommendation and approve the
landscape plan for Lexington Hills. Upon roll call , the
vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
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ORDINANCE #79-8 Moved by Marienthal , seconded by Stone to pass Ordinance
(PARKING/WILLOW #79-8, AN ORDINANCE AMENDING CHAPTER BG-11 OF THE BUFFALO
GROVE SCHOOL) GROVE MUNICIPAL CODE (AN ORDINANCE REGULATING TRAFFIC AS
AMENDED) . Ordinance restricts parking adjacent to Willow
Grove School . Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
HIGHWAY SAFETY The Board reviewed the Highway Safety Project Agreement
PROJECT AGREEMENT for a Police Traffic Unit , which was awarded to the Village
by the Illinois Department of Transportation.
In response to a question from Trustee Mendenhall , Mr.
Balling stated that multi-year funding is available for the Highway Safety
Project through the Federal Highway Administration. It is a three year program,
and the overall risk to the Village would be that the program could not be
supported and might have to be eliminated after the third year. He said this
is intended to be an ongoing program, and he anticipated that sufficient demand
would be developed to maintain a similar program after the third year.
Moved by Stone, seconded by Kandel to authorize execution
of the Highway Safety Project Agreement PT9-0725-040. Upon roll call , the
vote was:
AYES: 4 - Bogart, Marienthal , Stone, Kandel
NAYES: 1 - Mendenhall
ABSENT: 1 - Rech
Motion declared carried.
ORDINANCE #79-11 Moved by Stone, seconded by Mendenhall to pass Ordinance
(HANDICAPPED #70-11 , AN ORDINANCE AMENDING CHAPTERS BG-11 and BG-1 OF
PARKING) THE BUFFALO GROVE MUNICIPAL CODE (Handicapped Parking) .
Upon roll call , the vote was:
AYES: 5 - Bogart , Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
PROCLAMATION/ President Fabish proclaimed the month of February 1979
HEART MONTH to be Heart Month in Buffalo Grove.
TOWN CENTER Trustee Mendenhall , Chairman of the Town Center Blue Ribbon
COMMITTEE Committee, reviewed the Committee Findings and Recommenda-
RECOMMENDATIONS tions , dated January 12, 1979. He said the Committee
recommends the firm of Callaghan and Ross to be employed
as real estate consultants for the land acquisition element
of the Town Center implementation program.
Francis Callaghan of Callaghan and Ross Financial Corporation
reviewed his reasons for wanting to be involved in the Town Center implementation .
Lengthy discussion followed.
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Moved by Bogart, seconded by Mendenhall to approve the
Buffalo Grove Village Center Land Assemblance and Development Implementation
Agreement between the Village and Callaghan and Ross Financial Corporation
per revised draft, dated January 24, 1979, with one change in paragraph (d)
( iv) being the addition of the words "and donation" after the word "dedication";
authorize the President to execute the agreement; and subject to receipt of
financial information concerning Callaghan & Ross as previously requested.
Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Trustee Mendenhall stated that the Committee recommends
the firm of Brim/Braun Associates to be employed as architectural consultants.
Mr. Balling stated the architects role will be to provide architectural con-
sulting services in a two-phase program consisting of the development of a
project program and review of the execution thereof, as relates to the proposed
Buffalo Grove Town Center. He noted that the architect 's fees will be re-
capturable through plan review fees and filing fees.
Jerry Brim of Brim/Braun Associates reviewed his company 's
credentials.
Moved by Mendenhall , seconded by Bogart to accept the
architectural firm of Brim/Braun Associates as the Village' s architectural
consultants on the Town Center with the start up date being March 5, 1979.
Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
RECESS There was a recess from 9:40 P.M. until 9:55 P.M.
TOWN CENTER The Board continued to review the program recommendations
COMMITTEE contained within the Town Center Blue Ribbon Committee
RECOMMENDATIONS Findings and Recommendations, dated January 12, 1979.
(continued)
Moved by Kandel , seconded by Mendenhall to direct the Village
Attorney to prepare an ordinance to establish a Business District Development
Commission. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Mr. Balling said the ordinance will be on the February 20
agenda. President Fabish asked for recommendations for membership on the
Commission so that he could appoint them that evening.
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Moved by Bogart, seconded by Mendenhall to direct the
Village Attorney to prepare an ordinance to provide for the collection of
recovery fees from the developers of the Town Center. Upon roll call , the
vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Moved by Bogart , seconded by Kandel to approach the
Indian Trails Library District to offer sufficient acreage in the Town Center
for their proposed library at a cost of $50 per year on a 50 year lease,
including water and sewer to the site (as part of the development process)
and some engineering assistance from the Village staff with the potential of
developing the site within 18 months.
Trustee Bogart recommended that a letter be sent to the
Library District for review at their meeting on February 21 . He said that he
would attend that meeting to answer any questions.
Upon roll call , the vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Moved by Bogart, seconded by Kandel to accept the Town
Center Blue Ribbon Committee report in its entirety. Upon roll call , the
vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
EARLY LEARNING William Moore, attorney representing the owner of the Early
CENTER Learning Center (Route 83 and Arlington Heights Road) ,
reviewed his letter, dated January 30, 1979, requesting
consideration of the appearance requirements imposed on the
subject property. He noted that these requirements were acted upon on November
20, even though his client had requested that they be deferred because he could
not be in attendance. He felt the Village is applying unequitably and unequally
reqirements against the subject structure as opposed to requirements applied to
other buildings in the same shopping center and to a similar facility two blocks
north (Kinder-Care) . He said that Arvid Olson, owner of the Early Learning
Center, has spent approximately $350,000 finishing the subject building in
accordance with building permits issued in May, 1978. He said his client has
been seeking an occupancy permit for 90 days with a monthly interest loss of
better than $2,500. Because these appearance requirements were imposed after
the building permit was issued, he felt the Village had changed the rules after
the building was built. He opposed the requirement to screen the roof top air
conditioning units because installation of same will cause roof leakage and
structural roof problems. Instead, he suggested that the units could be painted.
He did not feel the cedar shake shingles, which are proposed for the screening,
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would meet fire standards. He felt the 12 ' setback of a 7' stockade fence on
the east side of the property is inconsistent with the fencing of neighboring
property and deprives the owner of a significant portion of his property.
Lengthy discussion followed.
At this point, Mr. Olson and Mr. Moore reviewed and
responded to each of the ten appearance requirements outlined in Mr. Balling's
letter to Mr. Olson, dated November 22, 1978, as follows:
1 . Roof top air conditioning unit - they agreed to paint
the unit, but not to screen it.
2. Placement of the stockade fence - they agreed to install
a stockade fence not closer than 12' from the property line on the south, but
they did not agree to the 12 ' indentation on the east property line because
it would not create a uniform line for the entire shopping center. Mr. Olson
said that on the east side, he would install the stockade fence on the property
line, put in 12 ' of landscaping, and install a 42" or 48" chain link fence 12 '
in from the property line in order to create a buffer zone. He said he wanted
the landscaping on his side of the stockade fence, not on the neighbor's side.
3. Height of the stockade fence - height of the fence will
be worked out to screen the building, but also to taper into the existing shopping
center fence.
4. Berm to accommodate the fence - they agreed to comply
with the Village Engineer's approved plans for the water retention.
5. Top of fencing should be level - they agreed to this
subject to gradual leveling at the connecting points.
6. Fence to be located no closer than 12' from the property
line - they agreed to do this on the south line, but not on the east.
7. Gate installed on the southwest corner - they agreed to
do this.
8. Alternatives to sod in the swale - they agreed to comply
with this request.
9. Full landscaping plan submitted to the Appearance
Commission and Village Board - they said the plan has been submitted.
10. Fence must be 7' high - they agreed that the fence will
{ be whatever height line is needed to maintain the level line.
Bradley Olsen, attorney representing the adjacent homeowners,
stated that the Appearance Commission has not reviewed and approved a revised
landscape plan for Arvid Olson's property. He said the plan that was approved
was for the remainder of the shopping center. Arvid Olson said that if necessary,
he will return to the Appearance Commission with a revised landscape plan.
Mr. Moore suggested that a document, containing all the
agreements, be prepared and executed, and a temporary occupancy permit be
issued.
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President Fabish reiterated that the two points in contention
at this time are the roof top screening and the 12 ' set back on the east property
line.
Bradley Olsen stated that at the October meeting of the
Appearance Commission, Mr. Arvid Olson produced a set of plans that indicated
the fence would be on the property line, but Mr. Fennell , Building Commissioner,
produced the official Village plan that showed the fence to be in 12' . He said
that at the Village Board meeting in October of 1977 when the Board approved
the plan, there was a specific committment that the fence at the Early Learning
Center would be 12' inside the property line. At the meeting, Mr. Conrardy,
owner of the shopping center, said that Arvid Olson had seen the plan for the
fence to be 12 ' in from the property line. He said that on November 20, 1978,
he explained to the Board why a fence on the property line is meaningless in
terms of screening. Regarding the south property line, Mr. B. Olsen stated
that the timber tie wall does not conform to the requirements of the ordinance
because it is 8' to 10' off the property line as opposed to the required 12 ' .
He said the parking lot is not finished. He noted that Mr. Conrardy installed
the shopping center fence in this bad weather. He felt the Board should live
up to its promises to the adjacent residents to require the developer to comply
with the original plan. He felt permitting the painting of the roof top units
instead of screening would be a giant step backwards. He also felt that if the
fence is not installed 12 ' inside the property line, there would be no effective
screening. He felt the question with the berm and the fence can be resolved
provided there is realistic screening.
After discussion, Mr. Balling said there is an inconsistency
between the plans reviewed and approved by the Building Commissioner and plans
seen by the other parties involved. He said this is what has caused the existing
problem.
After lengthy discussion, it was decided that Arvid Olson
should submit to the Village Engineer for his review their proposal for
addressing the east property line fence and the line of vision dilemma. He
was expected to work through the homeowners ' engineer to ascertain their input.
The matter will be placed on the February 20, 1979 agenda.
VILLAGE John Ryan of Michael Ives and Associates reviewed land-
PROPERTIES scape plans for the Village Hall , the Golf Course Clubhouse,
LANDSCAPING Well #6, and Well #3 and construction details for municipal
PROGRAM signage.
In review of Mr. Davis ' memo, dated January 25, 1979, it
was noted that on December 14, 1978, the plans were approved by the Appearance
Commission with the exception of the Golf Course sign. He had also estimated
the cost of this phase of the landscape program to be $69,570.87.
Some discussion took place regarding the proposed Village
Hall ramp and sidewalk for the handicapped. It was suggested that this side-
walk be reduced in length. Mr. Ryan said existing site conditions prevent
being able to reduce the length of the sidewalk and meet federal grade
Ili
regulations.
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Moved by Bogart, seconded by Kandel to accept the Village
properties landscaping plans prepared by Michael L. Ives and Associates as
presented this evening. Upon roll call , the vote was:
1 AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES : 0 - None
ABSENT: 1 - Rech
Motion declared carried.
Before any funds are expended for well signs, Board approval
must be given.
It was felt that implementation of phase 1 of the landscaping
program should be started before starting design of phase 2. Mr. Davis said
the cost of design is firm until December, 1979.
ADJOURNMENT Moved by Marienthal , seconded by Stone to adjourn the
meeting. Upon voice vote, the motion passed unanimously.
Time: 12: 10 A.M.
21( dowe"
Vern L. Clayton, Village C rk
PASSED BY ME THIS O
DAY OF , 1979.
C lafr e:JV v.
Village President