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1979-07-16 - Village Board Regular Meeting - Minutes 5470 7/16/79 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, JULY 16, 1979 CALL TO ORDER President Clayton called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the flag. ROLL CALL Roll call indicated the following present: President Clayton; Trustees Marienthal , Stone, Hartstein, Gerschefske. Trustees O 'Reilly and Kavitt were absent. Also present were William Balling, Village Manager; William Sommer, Assistant Village Manager; William Raysa, Village Attorney; William Brimm, Finance Director; Gregory Boysen, Village Engineer; Frank Hruby, Director of Building and Zoning; Paul Kochendorfer, Village Treasurer. APPROVAL OF Moved by Marienthal , seconded by Hartstein, to approve the MINUTES minutes of the Regular Meeting of the Board of Trustees of July 2, 1979. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein , Gerschefske NAYES: 0 - None ABSENT: 2 - O'Reilly, Kavitt Motion declared carried. WARRANT #407 Moved by Marienthal , seconded by Stone to approve Warrant #407 in the amount of $760,606. 13, authorizing payment of bills listed. Upon roll call , Trustees voted as follows : AYES: 4 - Marienthal , Stone, Hartstein , Gerschefske NAYES: 0 - None ABSENT: 2 - O'Reilly, Kavitt Motion declared carried. APPEARANCE Upon recommendation of the Appearance Commission, President COMMISSION Clayton appointed Mr. Gene Weiss, 70 Fox Hill Drive, to the APPOINTMENT Appearance Commission for a term to expire April 30, 1980. Moved by Stone, seconded by Gerschefske, to concur with the President 's appointment. The motion was unanimously carried by voice vote. YOUTH COMMISSION Upon recommendation of the Youth Commission , President APPOINTMENT Clayton appointed Mr. Tom Mullins to the Youth Commission, for a term to expire April 30, 1980. Moved by Hartstein , seconded by Marienthal , to concur with the President's appointment. The motion was unanimously carried by voice vote. 1 BLUE RIBBON Upon recommendation of Trustee Marienthal , President Clayton LIBRARY COMMITTEE appointed Mary Lou Shields , 1016 Whitehall Drive, to fill the remaining term of resigning member Burton Harris on the Blue Ribbon Town Library Committee. 5471 7/16/75 Moved by Marienthal , seconded by Stone to concur with the President's appointment. The motion was unanimously carried by voice vote. TRUSTEE REPORTS Trustee Hartstein wanted to be sure that everyone was aware that discussion on Home Rule, and also the Parking Ordinance will take place at the July 23, 1979 Workshop Meeting. President Clayton stated that we would appreciate the press giving notice of this meeting. �•/ Trustee Hartstein asked Trustee Marienthal if he knew of any reason why the Indian Trails Library District has decided not to participate in the Town Library Committee's discussions. Trustee Marienthal said he knew of no reason why they withdrew their representation, and that a letter has been sent to them asking them to reconsider. Trustee Marienthal said Indian Trails did supply the information which was asked of them. President Clayton asked Trustee Marienthal to report to the Board when they receive a reply to their letter. VILLAGE MANAGER'S Mr. Balling stated that the only thing he had to report REPORT to the Board is the Monthly Activities Report, which has been distributed. QUESTIONS FROM Mr. Frank Mayfield stated that he wished to update the AUDIENCE - Youth annual report of the Youth Commission. He stated that the Center floor was poured last week-end, and that the foundation of the Youth Center is now 100% completed, they hope to begin construction of the walls this week-end. CONSENT AGENDA President Clayton asked if any member of the audience or the Board had a request to remove any item from the Consent Agenda for full discussion. The staff answered a question from Trustee Marienthal concerning the Buffalo Grove Mall . Trustee Hartstein requested that Item XIII , F, under New Business be removed from the Consent Agenda. RESOLUTION #79-56 Moved by Stone, seconded by Gerschefske, to pass Resolution #79-56, establishing a municipal loss prevention policy. The Intergovernmental Risk Agency ( IRMA) of which Buffalo Grove is a charter member requires formal adoption of a municipal loss prevention program. Mr. Brimm has prepared the policy which has been reviewed by Staff, and validated by the IRMA consultant. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein , Gerschefske NAYES: 0 - None ABSENT: 2 - O 'Reilly, Kavitt Motion declared carried. • 1 5472 7/16/79 VAGA Trustee Kavitt has requested that discussion on the REVISED VAGA Revised Agreement be deferred until July 23, 1979. AGREEMENT BUFFALO GROVE Moved by Stone, seconded by Gerschefske, to approve MALL landscaping modification review and accept plan detail for landscaped yards adjacent to Dundee Road and Arlington Heights Road. The Village Board approved in concept an increase and reconfiguration in the landscaping program for the Buffalo Grove Mall on May 21 , 1979 subject to receipt of a detailed plan. That has been received and may be considered for acceptance. Anticipated completion and opening of this facility is scheduled for July 31 , 1979. Upon roll call, Trustees voted as follows : AYES: 4 - Marienthal , Stone, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 2 - O'Reilly, Kavitt Motion declared carried. CAMELOT SUB- Trustee Marienthal referred to Mr. Balling's memo of DIVISION July 12, 1979, regarding Lots 18 through 22 in the Camelot Subdivision, property conveyed to School District 96. Trustee Marienthal moved that Levitt be bound to this agreement for School District 96, and that the Village should not participate. Trustee Stone seconded the motion. Trustee Hartstein concurs with the recommendation. He explained that there appears to be some concern by the school district that certain utilities were not removed, and they are asking the Village to absorb the cost for the removal of these utilities that were installed on certain lots which were conveyed to the school district. At the time the school district received the deeds from the Village, the utility easements were quite clear. Trustee Hartstein stated that the school district accepted those deeds with those easements. He does not believe the Village contributed in any way to the problems the School District is now faced with, and he does not feel the Village has any responsibility to absorb that cost. Trustee Hartstein wanted to be sure that the school district had been notified that this item would be on tonight 's agenda. He was assured that they had been notified both by copy of the agenda and telephone. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 2 - O'Reilly, Kavitt Motion declared carried. 5473 7/16/79 President Clayton asked Mr. Balling to give the school district the reasons why the Village does not feel the responsibility to absorb these costs. AMENDMENT TO THE Trustee Marienthal moved that the Amendment to the Zoning ZONING ORDINANCE Ordinance concerning the definition of rear yard and Building Commissioner discretion be referred to the Plan Commission. Trustee Hartstein seconded the motion. Trustee Hartstein explained that this problem arises on irregularly shaped lots, where it is sometimes difficult to determine exactly what the rear yard is , and how it should be measured. The ZBA consistently took the position that was taken by the building department with regard to how the rear yard was to be measured. He said that in most situations, it was utilizing a line extended from the rear of the home, to the closest line which was approximately parallel to the back line of the house. Using that approach, the rear yard was consistently defined that way. Trustee Hartstein said that, in using the precise language in the code at this time, there might be some question in interpretation. Trustee Hartstein feels no problems would be presented by using the approach suggested by the ZBA, and he urged the Plan Commission to take this into consideration. Upon roll call , Trustees voted as follows : AYES: 4 - Marienthal , Stone, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 2 - O 'Reilly, Kavitt Motion declared carried. Mr. Raysa stated that he might have a problem with giving the Director of Building and Zoning the discretion to move the set back line 6" either way. He said he will coordinate this with Mr. Hruby and Mr. Balling. KEMMERLY REAL Mr. Glenn Bober, Manager of Kemmerly Real Estate, and ESTATE SIGN Mr. Ken Colby, of the Federal Sign Company introduced themselves to the Board. Mr. Colby said that they were here to appeal the decision of the Appearance Commission to deny their new sign, the reasons being: 1 . Too many different letter styles. 2. Use of a logo. 3. Use of the words "Real Estate" rather than "Realtor". Mr. Bober stated they want the Better Homes & Gardens logo on there because they are affiliated with Better Homes & Gardens. He said that the sign has been approved in the nine other communities they are in. 5474 7/16/79 Trustee Hartstein stated that it was clearly intended that any signs coming before the Village for review would have to comply with the new sign ordinance. He, therefore, is not persuaded by any pre- existing sign. President Clayton questioned when the Century 21 sign was put into use. Mr. Balling said he was not sure, but he will investigate that situation, because there does seem to be an inconsistency. Trustee Hartstein stated that if the proper procedure was not followed with regard to the Century 21 sign, he feels they should be asked to comply with the ordinance. Trustee Stone moved to uphold the Appearance Commission recommendation to deny the Kemmerly Real Estate sign. Trustee Marienthal seconded the motion. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 2 - O'Reilly, Kavitt Motion declared carried. NORTHWEST Trustee Hartstein explained his reasons for wanting COMMUNITY this item removed from the Consent Agenda. He was HOSPITAL disturbed by the fact that he first learned of a similar proposal by Holy Family Hospital from the newspaper on Friday, July 13, 1979. He feels the full Board should be apprised of all information on items to be discussed. Trustee Marienthal stated that he had talked with the attorneys for Holy Family, at which time he learned that Holy Family Hospital would be making a presentation before the Village within 4-6 weeks regarding the facility which they would propose on the 15 acre site on which they have an option in the Town Center. No details were given on the services to be rendered. Mr. Balling stated that the Development Commission had discussed this at length, and feels very strongly about not having the health care facility in the Town Center proper. Trustee Hartstein feels the Northwest Community proposal should not be referred to the Plan Commission until the Board has full information regarding both proposals. Trustee Stone suggested that this be referred to the Plan Commission with a request to hold action on it until Holy Family has made its proposal in 4-6 weeks , which would save Northwest Community from having to come back again just for Plan Commission referral . Mr. Houpt , representing Northwest Community, informed the Board that they did not have any knowledge of whether or not Holy Family was seriously considering this facility. Mr. Houpt stated that they have a problem with not going forward on this plan, because they stand to forfeit $75,000 if this process is not completed by October 6, 1979. - 5475 7/16/79 Mr. Houpt asked that they be allowed to go forward on this , and have the Board listen to Holy Family in the meantime, He stated that the Board should listen to both proposals so that they can evaluate and get the best possible facility. If Northwest Community is ultimately chosen, than the facility would be done that much faster. Trustee Stone asked Mr. Houpt if it is clear to them that they could possibly be wasting their time if the other facility were to be chosen. Mr. Houpt stated that would be clearly understood. Moved by Marienthal , seconded by Stone to refer the Northwest Community Hospital proposal to the Plan Commission. Upon roll call , Trustees voted as follows : AYES: 2 - Marienthal , Stone NAPES: 2 - Hartstein, Gerschefske ABSENT: 2 - O'Reilly, Kavitt President Clayton voted AYE based upon the fact that Northwest Community does know that the Board will be looking at the Holy Family proposal , and that any time spent on this could be wasted time. Motion declared carried. FY 79-80 Moved by Stone, seconded by Gerschefske to authorize SIDEWALK REPLACE- bidding for the FY 79-80 sidewalk replacement program. MENT PROGRAM The FY-79-80 program budget provides for a 100% Village funded sidewalk and curb replacement program based on established stringent Village criteria. Upon roll call , Trustees voted as follows : AYES: 4 - Marienthal , Stone, Hartstein, Gerschefske NAPES: 0 - None ABSENT: 2 - O 'Reilly, Kavitt Motion declared carried. MUELLER FARM Moved by Stone, seconded by Gerschefske to refer to the Plan Commission , 18. 32 acres Dundee at Golfview Terrace, petition for annexation and zoning to provide for office, condominium, and single family dwelling uses . The pre-annexation conference revealed support for the planning concept for this project. Petitions have been received and subject to the conditions suggested by staff is in a form acceptable for referral . Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein, Gerschefske NAPES: 0 - None ABSENT: 2 - O 'Reilly, Kavitt Motion declared carried. 5476 7/16/79 CROSSINGS Moved by Stone, seconded by Gerschefske to refer to the SALES OFFICE Plan Commission the Crossings sales office special use consideration. The condominium association requests a change in its plan of development for the Crossings Sales building to greater serve the interests of the association. A complete review and hearing by the Plan Commission will be required. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein , Gerschefske NAPES: 0 - None ABSENT: 2 - O'Reilly, Kavitt Motion declared carried. BUFFALO GROVE Moved by Stone, seconded by Gerschefske to accept the NATIONAL BANK Appearance Commission recommendation for the landscaping program for this project subject to certain conditions. Subject to the conditions suggested by staff the landscaping program for this project can be accepted. No permits will be issued until the staff concerns have been satisfied. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein , Gerschefske NAPES: 0 - None ABSENT: 2 - O'Reilly, Kavitt Motion declared carried. ADJOURNMENT Moved by Marienthal , seconded by Hartstein to adjourn to Executive Session to discuss land acquisition. Upon voice vote, the motion was unanimously carried. The meeting was adjourned at 8:30 P.M. The Executive Session was adjourned at 9:40 P.M. JanetUl . Sirabian , Village Clerk PASSED AND APPROVED BY ME THIS filo ' DAY OF r , 1979. Village President