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1979-04-16 - Village Board Regular Meeting - Minutes 5410 4/16/79 MINUTES OF REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, MONDAY, APRIL 16, 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 7:30 P.M. ROLL CALL Roll call indicated the following present: President Fabish; Trustees Rech, Bogart, Marienthal , Stone, Mendenhall . Trustee Kandel was absent. Also present were William Balling, Village Manager;Richard Raysa, .Acting Village Attorney; Gregory Boysen, Village Engineer; William Brimm, Finance Director; and Bart Delaney, Planning Coordinator. MINUTES Moved by Bogart, seconded by Rech to approve the minutes of the special meeting held April 9, 1979, as published. Upon roll call , the• vote was: AYES: 4 - Rech, Bogart, Marienthal , Stone NAYES: 0 - None ABSTAIN: 1 - Mendenhall ABSENT: 1 - Kandel Motion declared carried. WARRANT Moved by Rech, seconded by Mendenhall to approve Warrant #400, in the amount of $524,310. 37, and authorize payment of bills listed. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Kandel Motion declared carried. BUFFALO GROVE Trustee Bogart announced chairmen of Buffalo Grove Days DAYS 1979 as follows : Larry Pioror, Jim Hackbarth, Joe Hackbarth, Charles Bentley, John Marienthal (parade) , and Robert Bogart (general chairman) . FIORE PROPERTY Trustee Mendenhall stated that he shares the concerns of other Trustees with regard to the possible Fiore property annexation. He felt Board members should have been apprised before reading it in the paper. President Fabish stated that many developers approach the Village on a preliminary basis, and when- ever the discussions become serious , the Board has been apprised. He said the discussions on the Fiore property have been preliminary, and he respected the wishes of the developer to keep the discussions confidential . Trustee Mendenhall said the Board should not have been expected to act on an oversized sewer in Highland Point without knowing the reason for it was to service the Fiore property. Mr. Balling reviewed his memo, dated April 12, 1979, which was a chronological report on discussions regarding the Fiore property and the oversizing of the Highland Point sewer. 5411 4/16/79 In response to a question from Trustee Rech, Mr. Boysen stated that the 33" sewer was designed to service 2100 acres with a population equivalent estimate of 31 ,000. Discussion followed. Trustee Rech was concerned that if the Fiore property proposal is for more houses, the Board would be creating a community without a tax base. STRATHMORE Trustee Marienthal stated that the Village Attorney has SHOPPING opinionated that the Village cannot use the letter of PLAZA credit held by the Village for the public improvements in the Strathmore Shopping Plaza and the Early Learning Center to correct the drainage problems at the Early Learning Center site. He said the Village cannot cite the construction area for reasons of health, safety, and welfare, but the Village can cite under the Nuisance Ordinance. He did not want any more occupancy permits issued for that center until the drainage has been corrected. Trustee Bogart noted that Arvid Olson, owner of the Early Learning Center has let a contract for the landscaping which will be done as soon as the ground is dry enough. He noted that the temporary occupancy permit agreement gives him until June 30 to accomplish it. In response to a question from Trustee Rech, Mr. Balling said outstanding occupancy permits are one for the Early Learning Center and five for the shopping center. Trustee Bogart and Stone did not feel it would be fair to the owner of the shopping center to withhold his occupancy permits since he has dealt with the Village in good faith. Discussion followed. President Fabish polled the Board, "Yet" indicating favor of citing Arvid Olson, owner of the Early Learning Center, under the Nuisance Ordinance, and "No" indicating opposition. The poll found the following: YES: 3 - Rech, Bogart, Marienthal NO: 2 - Stone, Mendenhall ABSENT: 1 - Kandel Trustee Stone stated he voted no because he felt the Village should give Mr. Olson two weeks to comply before giving a citation. DEVONSHIRE Trustee Marienthal referred to a letter from Louis Shassian, President of Devonshire Development Corporation, to home buyers in his development which stated that the Village would inspect their home and issue a certificate of occupancy but expects to be held harmless in connection with final grading and sodding. He requested a report from staff with regard to this. Mr. Balling said that in the past the Village has issued temporary occupancy permits like this because winter weather prevents grading and sodding. But, he said in no way should the developer be held harmless. He said he would pursue the matter with Mr. Shassian. He urged any home buyers to consult their attorneys. 5412 4/16/79 PLAN Trustee Marienthal referred to a recent newspaper article COMMISSIONER in which it was stated that Burton Harris, Plan Commissioner, should not participate in the vote on the Buffalo National Bank change in plan (expansion of parking lot) because he is developing the site at the southeast corner of Lake Cook and Arlington Heights Roads where the Bank of Buffalo Grove will have a facility. The newspaper felt he had a conflict of interest. Trustee Marienthal requested CORRECTION a legal opinion. *When I was employed by Wilson Sporting Goods, I did not vote on warrants on which they appeared. I feel that Mr. Harris should act accordingly when on the Planning Commission in reviewing the plans for Buffalo National , because they are in direct competition with his employer, Bank of Buffalo Grove. I feel he should pass. Mr. Raysa felt this would not be a conflict of interest, but Mr. Harris could find himself in an embarrassing situation and could be criticized for his actions. He said if the matter were taken to court, it would not be considered a conflict. Jerry Davis, Plan Commissioner, said this issue was raised by an anonymous phone call to the reporter. He felt the reporter should have investigated all the facts before writing the story. He said instead of Mr. Harris , it was he (Mr. Davis) who criticized the plan because it was ineffective in moving the cars off Dundee Road. He said the minutes of the Plan Commission meeting would reflect this. He said Mr. Harris has no ownership interest in either bank, and he did not want Mr. Harris to step down from voting on the matter. Trustee Mendenhall said that Mr. Harris has been an out- standing Plan Commissioner for many years, and since he has no ownership interest in either bank, he should be able to vote on the matter if he wishes to do so and if he wishes to open himself for potential embarrassment. He felt a situation like this could discourage local businessmen and real estate salesmen from serving on any of the committees or commissions. Trustee Bogart could not see any conflict of interest on Mr. Harris ' part. He noted that Mr. Harris has served the Village well and CORRECTION has had a street named for him. He felt if the *newspaper vendetta continues , the Village will lose a good Plan Commissioner. Trustee Rech felt this was a gray area. She did not feel a person should build and develop for one bank and sit in judgement on another one. She felt Mr. Harris should decide for himself not to participate in this matter. President Fabish did not feel there was a direct conflict of interest. He said if Mr. Harris owned stock in the bank, it would be different. He said if he were Mr. Harris, he would defer from voting on the subject, but it is Mr. Harris ' decision. MOSQUITO ABATE- Moved by Mendenhall , seconded by Stone to waive bids and MENT PROGRAM award the Mosquito Abatement Program contract to Clark Outdoor Spraying Company for the amount of $14,326.80. Upon roll call , the vote was : AYES: 5 - Rech, Bogart, Marienthal , Stone, Mendenhall NAPES: 0 - None ABSENT: 1 - Kandel Motion declared carried. 5413 4/16/79 PAVEMENT Through MFT Resolution #79-20, it was moved by Mendenhall , EVALUATION seconded by Stone to waive bids and award the 1979-80 PROGRAM Pavement Evaluation Program to Novak, Dempsey and Associates in the amount of $7,500. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Stone, Mendenhall NAPES: 0 - None ABSENT: 1 - Kandel Motion declared carried. RESERVOIR The Board reviewed Mr. Davis' memo, dated April 5, 1979, PAINTING regarding cleaning and painting of Well #3 and #4 PROGRAM reservoirs. Mr. Balling said $27,600 has been budgeted for this project, but if the bids come in over budget, the Village can decide if one tank should be done or if inside or outside should be done only. Moved by Rech, seconded by Stone to authorize solicitation of bids for the 1978-79 Steel Reservoir Painting Program. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Stone, Mendenhall NAPES: 0 - None ABSENT: 1 - Kandel Motion declared carried. i RESOLUTION #79-19 Moved by Bogart , seconded by Rech to pass Resolution (CONVEY PROPERTY #79-19, RESOLUTION APPROVING CONVEYANCE OF REAL PROPERTY TO ARK DISTRICT) TO THE BUFFALO GROVE PARK DISTRICT (Lots A and B in Crossings Unit 4) with exclusion of the reverter clause. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Stone, Mendenhall NAYES: 0 - None ABSENT: 1 - Kandel Motion declared carried. RANCH MART SIGN Ed Larson stated that he presented a proposed pylon sign for the Ranch Mart Shopping Center to the Appearance Commission, and it was rejected because of the distance between pylon signs per the Sign Code. He then appeared before the Zoning Board of Appeals at public hearing and received a variation to the Sign Code for the location of the sign. The Z. B.A. Chairman advised him that he could receive his permit, but the Building Commissioner said he must have Appearance Commission approval also. He again appeared before the Appearance Commission, and the sign was rejected again because of distance between pylon signs. He said the Commission liked the appearance of the sign. He asked the Board to verify that he has a valid permit for the sign. Trustee Bogart, liaison to the Appearance Commission, said he attended the Appearance Commission meeting in question, and reported that the Commission favored the appearance of the sign but the vote to reject it was based on distance between signs. He said the Board has the authority to approve the sign. Discussion took place with regard to the Appearance Commission again reviewing and approving the appearance of the sign. Mr. Larson said he applied for the permit last October and did not wish approval to be delayed for another Appearance Commission meeting. 5414 4/16/79 The Board requested a recess in order to have time to review the minutes of the Appearance Commission meeting at which they considered the subject sign. RECESS 9:00 P.M. - The President declared a recess. 9:15 P.M. - The meeting resumed. Mr. Raysa said that in reviewingtheminutes, it appeared that three of the five members approved of the aesthetics of the sign, but the vote to reject was based on distance between pylon signs. He felt the Board could rule on this subject because he felt Mr. Larson had some good points. Moved by Mendenhall , seconded by Bogart to direct the Building Department to release the permit for the Ranch Mart Shopping Center pylon sign. Upon roll call , the vote was: AYES: 3 - Bogart, Stone, Mendenhall NAYES: 2 - Rech, Marienthal ABSENT: 1 - Kandel Motion declared carried. Trustee Rech said she voted negatively because she did not like pylon signs and likes the stricter concept of the Sign Code. Trustee Marienthal said he voted negatively because of the distance between signs and also because of the type of shrubs to be used around the sign. Trustee Bogart suggested that the new Village Board review the Sign Ordinance because it is not workable as it is now written and because two sections are not enforceable. ADJOURNMENT Moved by Bogart, seconded by Mendenhall to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 9:20 P.M. Verna L. Clayton, Village Cler PASSED AND APPROVED BY ME THIS 3 DAY OF , 1979. ehi a Village President