1979-11-05 - Village Board Regular Meeting - Minutes 1
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MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE , ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, NOVEMBER 5, 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, O'Reilly, Hartstein, Kavitt.
Trustee Gerschefske was absent.
Also present were: William Balling, Village Manager; William
Raysa, Village Attorney; William Sommer, Assistant Village Manager; William
Brimm, Finance Director; Gregory Boysen , Director of Public Works ; Frank Hruby,
Director of Building and Zoning.
APPROVAL OF Moved by O 'Reilly, seconded by Marienthal , to approve the
MINUTES minutes of the Regular Meeting of October 15, 1979.
On page 5525, Trustee Hartstein would like more detail in
the comments regarding the Fiore property, since the motion was to refer this
to the Plan Commission along with the comments from the October 15, 1979
meeting.
Trustee O'Reilly suggested that each Board member write their
own comments on this particular issue for referral to the Plan Commission.
Trustee Hartstein stated that would be acceptable to him,
but, since the motion was made subject to comments made, he feels the records
should reflect those comments.
Trustee Hartstein moved to table approval of the October 15,
1979 minutes until the transcript on the Fiore property is inserted.
Trustee O' Reilly had a correction on page 5522, regarding
Resolution #79-66: The following paragraph should be inserted at the beginning
of this subject: "Trustee O ' Reilly stated that the reason she removed this item
from Consent Agenda did not concern the merits of the program, but rather this
Board taking a position on something in which our staff does not have expertise,
which is a regional problem rather than a local one, and which encourages
another taxing body to spend in excess of $1 ,000,000."
Trustee Marienthal seconded the motion to table the minutes.
�.J Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Hartstein, seconded by Marienthal , to approve the
minutes of the Special Meeting of October 22, 1979.
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Trustee Marienthal requested a correction on page 5533
showing that the sidewalk did appear on the preliminary plan, the date of
the preliminary plan, and the verbage that took place.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
WARRANT #414 Mr. Brimm read Warrant #414. Moved by O 'Reilly, seconded
by Hartstein, to approve Warrant #414 in the amount of
$326,275.09 authorizing payment of bills listed. Upon roll
call , Trustees voted as follows :
AYES: 5 Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
ELECTRICAL Upon recommendation of the Electrical Commission, President
COMMISSION Clayton reappointed Ken Bates to the Electrical Commission
REAPPOINTMENTS for a term to expire April 30, 1981 .
Moved by Stone, seconded by O'Reilly to concur with President
Clayton 's reappointment of KEN BATES to the Electrical
Commission. Upon voice vote, the motion was unanimously
declared carried.
Upon recommendation of the Electrical Commission, President
Clayton reappointed Lynn Siegler to the Electrical Commission for a term to
expire April 30, 1982.
Moved by Hartstein, seconded by Kavitt to concur with
President Clayton's reappointment of LYNN SIEGLER to the Electrical Commission.
Upon voice vote, the motion was unanimously declared carried.
BOARD OF HEALTH Upon recommendation of the Talent Bank and the Board of Health,
APPOINTMENTS President Clayton appointed Patricia Ann Uhlmeyer to the Board
of Health for a term to expire April 30, 1981 .
Moved by O 'Reilly, seconded by Stone to concur with
President Clayton's appointment of PATRICIA ANN UHLMEYER to the Board of
Health. Upon voice vote, the motion was unanimously declared carried.
Upon recommendation of the Talent Bank and the Board of
Health, President Clayton appointed Donald A. Uhlmeyer to the Board of Health
for a term to expire April 30, 1981 .
Moved by Kavitt, seconded by Hartstein to concur with
President Clayton 's appointment of DONALD A. UHLMEYER to the Board of Health.
Upon voice vote, the motion was unanimously declared carried.
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President Clayton then introduced Mr. Uhlmeyer to the Board,
and thanked him for his willingness to serve the Village.
Upon recommendation of the Talent Bank and the Board of
Health, President Clayton appointed Mary Jo Jasinski to the Board of Health
for a term to expire April 30, 1981 .
Moved by Hartstein , seconded by O 'Reilly to concur with
President Clayton 's appointment of MARY JO JASINSKI to the Board of Health.
�.J Upon voice vote, the motion was unanimously declared carried.
BUSINESS Upon recommendation of the Talent Bank and the Business
DISTRICT District Development Commission , President Clayton appointed
DEVELOPMENT Tom Mahoney to the Business District Development Commission
COMMISSION for a term to expire April 30, 1981 .
Moved by Marienthal , seconded by Hartstein to concur with
President Clayton's appointment of TOM MAHONEY to the Business District
Development Commission. Upon voice vote, the motion was unanimously declared
carried.
1978 POLICEMAN President Clayton asked Mr. Frank Lipowsky, the Commander
OF THE YEAR of the V. F.W. Post to make the presentation. Mr. Lipowsky
AWARD stated that they had a very difficult decision to make, and
the 1st Place Award for services performed in the community
for 1978 was presented to Corporal Stuart Parets. Corporal
Parets came forward to accept his award.
Mr. Lipowsky stated that Honorable Mention and grateful
recognition of a yielding adherence to the highest ideals of the law enforce-
ment and maintaining, preserving, and protecting the lawful rights of all
citizens went to Corporal Gary Del Re. Corporal Del Re then came forward to
accept his award.
President Clayton stated that the Village is very proud of
its policemen, and thanked the V. F.W. for making these presentations.
Mr. Lipowsky stated that the awards for 1979 will be
presented at their annual dinner/dance next spring.
LAKE MICHIGAN President Clayton reported that she and Mr. Balling had
WATER attended a DAMP meeting regarding their plans for bringing
Lake Michigan Water, and stated that a report of that meeting
would be forthcoming.
POST OFFICE Trustee O'Reilly stated that she had set up a meeting with
President Clayton and Trustee Kavitt with post office
representatives . Those attending that meeting were:
Mr. Santoro from the Management Sectional Center; Mr. Scala, Director of Customer
Services ; Mr. Earl Lewis from Congressman Crane's office; Mr. Dobbe, Wheeling
Postmaster; and Miss Patricia Wheers, the acting postmaster for Wheeling.
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The findings of the Retail Analysis Program Study from the
post office show that Buffalo Grove is fully covered, both in postal routes
emanating from Wheeling, and the retail outlets found in several shopping
centers in Buffalo Grove.
A Financial Station in Buffalo Grove was denied because the
postal study showed that we do not need same.
Regarding the growth pattern in Buffalo Grove, the postal
representatives stated that they deal in facts , not in potential . However,
they did state that they would keep tabs on the growth in Buffalo Grove.
It was suggested that the Village Hall be used as a retail
outlet for buying stamps and mailing packages, and the postal representatives
stated that the Village could put in a bid for such a facility.
Trustee O ' Reilly stated that Strathmore Drugs in Lake County
has applied for a postal substation. There has been a mailbox put in at the
Strathmore Shopping Center.
Regarding the Zip Code listing, the postal officials are
adamant that they will not deviate from their policy of listing zip codes for
anyone other than communities having their own post office.
Mr. Balling stated that he had received a call from
Congressman Crane's Washington office, and was informed that there is a meeting
this week with postal officials. Mr. Balling will report to the Board when he
receives word of the outcome of this meeting.
VOTER Trustee Hartstein stated that there will be a voter registra-
REGISTRATION tion drive on Saturday, November 10, 1979, from 11 :00 A.M.
to 5:00 P.M. at 65 Wakefield Lane. He stated that this drive
is concentrated to encourage registration in the Highland
Point/Highland Grove area, and is sponsored by the Vernon
Township Democrats.
The Clerk noted the hours when residents may register at the
Village Hall . Trustee Hartstein stated that the flyers that are being dis-
tributed regarding the November 10th drive will also note the hours of the
Village Hall , and also the County Clerk's hours.
MONTHLY Mr. Balling noted the Monthly Activities Report and asked
ACTIVITIES if there were any questions. There were none.
REPORT
PEDESTRIAN Mr. Balling stated that various community organizations have
SAI'ETY ARLINGTON brought the issue of pedestrian safety, primarily school
HEIGHTS ROAD, LL children , to the attention of the staff. The two major
LONGFELLOW problems in this area are the speed of the automobiles on
SCHOOL TO Arlington Heights Road and the unique grade differential that
WHITEHALL DRIVE exists on Arlington Heights Road.
The Staff has been investigating solutions to this problem,
and has been working with the Cook County Highway Department.
1
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The current policy of the Village is based on securing a
traffic signal at the corner of Bernard/Nichols and Arlington Heights Road. There
have been two requests for this signal , and traffic studies by the Cook County
Highway Department have shown that traffic is not sufficient to warrant a signal .
A third request is now in the process of being studied. There is currently a
crossing guard at this intersection.
The staff has evaluated numerous alternatives related to the
issue, and their recommendation to the Board is that , based on the overall
safety hazards, the cost, and the liability aspects of the Village getting
involved with the Cook County road system, they can recommend no policy other
than the current policy which is securing a traffic signal at this intersection,
and maintaining the school crossing guard program. They also recommend insuring
of proper trimming of bushes which sometimes encroach south of Bernard.
Mr. Balling discussed his memo to the Board of November 1 ,
1979, which reads as follows:
"Please refer to my October 11 , 1979 memorandum with
attachments to you for background information. Since the preparation of that
document, the following activities have occurred:
1) Village of Buffalo Grove has requested that a third traffic signal
warrant survey be undertaken by Cook County Highway Department on or about
January 1 , 1980 to ascertain if, in fact, traffic signals at the intersection
of Arlington Heights Road, Bernard, and Nichols would now be warranted.
2) The Village Engineer, Village Attorney and I have conducted an evaluation,
and developed a recommendation, and alternative to deal with the pedestrian
hazard issue raised by the concerned parents of Longfellow School and others.
3) Received verbal approval from Gene Fredericks, Deputy Superintendent,
Cook County Highway Department that the county would now permit any barrier
between the sidewalk and the back of curb provided the Village of Buffalo
Grove:
a) Paid for the cost of installing any barrier.
b) Paid for the cost of annual maintenance of the barrier.
c) Held the county harmless of any liability which may arise from
the installation of the barrier.
4) Conducted a meeting on October 30 with representatives of the Concerned
Parents of Longfellow School and reviewed the staff findings and recommendations
and received their alternative program as follows:
a) South of Bernard - Trim and/or remove bushes planted if growth
encroaches on right of way.
b) South of Bernard - Erect a concrete retaining wall between the
back of curb and sidewalk.
c) North of Bernard to Plum Grove - Erect a 4' cyclone continuous fence.
d) Plum Grove to Whitehall - No recommendation.
e) Bernard, Nichols ,Arlington Heights Road - Erect traffic signals.
f) Bernard/Arlington Heights Road - Eliminate pedestrian ramp on
Arlington Heights Road.
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5) Received a letter November 1 , 1979 which summarized their position
(attached) .
RECOMMENDED ACTION
Staff has evaluated the overall safety hazard, cost, and liability aspects
of this issue and recommend that no action be taken by the Village other than
our current policy which includes:
1) Securing a traffic signal on Arlington Heights Road at Bernard.
2) Maintaining the school Crossing Guard program at Bernard.
3) Abate bush encroachment from right of way.
In our opinion , when all elements of this issue are evaluated and compared
to other highway pedestrian systems in the Village, the hazard and risk is not
substantial enough to outweigh the cost of municipal involvement on a County
Highway system. Should the Board, however, decide that the risks of municipal
involvement are justified in this instance, the following program would be the
most prudent to pursue:
ALTERNATIVE PLAN.
A. Whitehall to Plum Grove - The land adjacent is publicly owned by
School District 21 who has previously gone on record to the Village
on the sidewalk hazard. Permission should be granted by the Village
of Buffalo Grove to permit School District 21 at its cost to remove
and relocate the existing sidewalk inside their property. A public
access easement would also be required.
B. Plum Grove to Bernard - Erection of a 4' high green vinyl coated
continuous cyclone fence located 2' west of the edge of the sidewalk.
With this fence the Village could expect the following:
1) Approximately $4,000 construction cost.
2) Annual maintenance due to blowing paper and repairs due to snow
storage.
3) Some conflict with sidewalk and street snow removal activities.
4) Increased manual hand mowing maintenance.
5) Minimal chance of injury or damage incurred by pedestrians or
vehicles caused by striking the fence.
6) Marginal aesthetic characteristics. One break in the fence would
occur adjacent to the Well #1 drive.
C. South of Bernard - Other than bush trimming and possible relocation
of the pedestrian ramp from Arlington Heights Road to Bernard, no
action is recommended. Principal shortcomings of the steel or concrete
barrier are as follows:
STEEL
1 ) $30/lineal foot installation charge.
2) Substantial risk of serious injury to pedestrians, cyclists,
and motorists if they strike the barrier.
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3) Conflict with street snow removal activities.
4) Unfavorable aesthetic characteristics.
5) Substantial replacement costs.
CONCRETE
1) Substantial installation cost.
2) Substantial risks to cyclists and motorists who would strike
the barrier.
3) Conflict with street snow removal activities.
4) More favorable aesthetic qualities , but far more vulnerable
as a "billboard" for graffiti and vulgarities.
5) Marginal line of site standard for Bernard/Arlington Heights
intersection.
The Village President has requested that this report and recommendation
be shared with the Board who may wish to consider alternative actions ."
Mrs. Sandy Feldman , President of the Longfellow PTO stated
that they have been working on this problem since last spring, and have explored
many possibilities. She stated that although the crossing guard is there during
the school hours, there is still no protection for the children who are involved
in after-school activities. Mrs. Feldman said that it is imperative that some-
thing be done about this situation before the bad weather sets in, and asked
the Board for their help. 1
Trustee O 'Reilly asked Mr. Balling if it has been determined
whether or not the bushes on the property on the southeast corner of Arlington
Heights Road and Bernard are on the property line. She stated that she has
observed the corner, and it definitely is a hazard.
Mr. Balling stated that it would require a survey to determine
whether or not the bushes are on the property line. If the Board directs , a
survey will be done, and if the bushes do encroach, there is full authority to
remove them.
Trustee Kavitt stated that, since the safety and welfare of
the children is involved, he feels the Board should take some type of positive
action regarding this matter before the inclement weather sets in.
Trustee Hartstein stated that this is a long-standing
problem, and he concurs that there should be something done to address the
problem. He stated that, at the very least, the Village should move forward
with alternatives A and B.
Trustee Stone asked Mr. Balling if he had spoken to School
District 21 regarding their participating in the Cost of barriers erected.
Mr. Balling stated that he did receive a tentative commitment from Superintendent
Gill of District 21 to participate in these costs.
Trustee Kavitt asked approximately how far off of the curb
the concrete barrier would be. Mr. Balling said that there is only about 3'
to work with at some points. Mr. Kuenkler said that the barrier would have
to be just about up to the back of the curb.
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Trustee Kavitt stated that the Village should keep pressing
for the extension of Route 53, which would alleviate some of the traffic along
Arlington Heights Road. This would be in addition to the Board taking some
positive action.
Trustee Hartstein moved that staff be instructed to proceed
with all steps possible to pursue their recommended action, i .e. points 1 , 2,
and 3 in Mr. Balling's memo of November 1 , 1979; in addition , that Alternative
Plans A and B be approved for action at this time, with further information
to be brought back to the Board in accordance with comments made at tonight 's
meeting relating to Alternative C. Trustee Kavitt seconded the motion.
Trustee Stone asked at whose expense Alternatives B and C
would be implemented. Trustee Hartstein stated he feels it should be Village
expense. Trustee Stone stated that he feels it should be discussed with the
School Board, since that is one of the reasons that the Village has a School
Donation Ordinance.
Trustee Hartstein said we can certainly ask the School
Board to contribute to the cost , but he does not feel we should wait for that
before moving forward.
Trustee Marienthal stated that he understood that District
21 has already agreed to the use of funds for Alternatives A and B. Mr.
Balling said that the Superintendent has agreed in principle with that concept.
In response to a question regarding an incomplete sidewalk
north of Cooper Jr. High, Mr. Balling stated that the Village had attempted
to secure an 8' bike path in 1977, but were unable to reach agreement with
the various governmental agencies in the financial participation of that bike
path.
Mr. Raysa stated that, since the sidewalk, the sloping
greenway, and the street are all County right of way, the Village will be
taking the liability for these areas.
President Clayton stated that would only involve the steps
the Village takes in the right of way itself. Mr. Raysa said that is correct.
Mr. Brimm stated that the Intergovernmental Risk Management
Agency will issue a "hold harmless" obligation.
Trustee O'Reilly asked if that is a liability just for
the fence, or if the Village must assume liability for that whole area.
Mr. Raysa stated that, according to Mr. Balling's memo, the County will not
be responsible for any incident arising from the installation of the barrier.
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Mr. Balling asked if the Board does endorse Alternative
Plan B, if in the interest of time, they also wish to include a bid waiver
reference the installation of that fence.
Trustee Hartstein amended the motion to include waiver of
bids and also installation of the fence. Trustee Kavitt seconded the amend-
ment.
Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAPES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
President Clayton asked the staff to keep Mrs. Feldman
apprised of the action taking place on this matter.
Mr. Balling said he did want everyone to be aware that,
regarding the barrier south of Bernard Drive, there is a very serious deficiency
regarding vision, which comes very close to prohibiting a barrier there. It
was stated by Mr. Balling and the community group that a traffic light at the
intersection would alleviate this problem.
ICI
MAIL DELIVERY Mrs. Mary Lou Shields asked why we do not have door-to-door
mail delivery in many newer sections of the Village. Mr.
Balling stated that this is the policy of the postal service
on new home construction nationwide. The curbside delivery
is more efficient; a postal carrier going door to door can service 350 to 500
stops in a day, whereas a carrier in a truck can service closer to 600 stops
in a day.
PERSONNEL Mr. Balling announced that Mr. Raymond 0. Rigsby, Jr. has
(Public Works) been selected to fill the position of Superintendent of
Public Works. Mr. Balling read a brief resume, and stated
that Mr. Rigsby will join the staff on Monday, November 19,
1979.
YOUTH CENTER Mr. Balling stated that the Board had directed the staff
and the Buffalo Grove Youth Commission to file a comprehensive
�./ report on the current status of the Youth Center. The entire
file, including the report presented to the Board at this
meeting, is on file in the Clerk's office.
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Mr. Sommer briefly recapped the events which took place in
bringing the Youth Center to its present status. Mr. Sommer stated that , at
this point, there is $9,254.36 available for completion of the Youth Center.
Mr. Frank Mayfield commended Mr. Sommer on gathering all the
data compiled in this report. He said there were two worksheets which were
inadvertently left out which covered work periods of May and June of 1979, and
August of 1978. He said these worksheets are on file should anyone wish to
review them.
Mr. Mayfield stated that there have been 803 manhours of
volunteer labor expended on the Youth Center thus far. He said that, due to
unexpected problems, the project was not completed as anticipated; he estimates
that construction is 80% complete at this time.
President Clayton stated that she understands that it is the
recommendation of the Youth Commission that the staff obtain proposals for
professionally completing the building construction.
Mr. Mayfield stated that it is his feeling that a recommendation
for professional labor is in order. Although a quorum was not established at
the last meeting of the Youth Commission due to the fact that the notices were
not received in the mail until the day after the meeting was held, it was the
unofficial recommendation of the Youth Commission that, in the interest of time,
the remainder of the work should be finished at the lowest cost possible.
Trustee Hartstein asked Mr. Mayfield to briefly explain the
general procedure that was followed in purchasing and paying for any materials
that were not donated.
Mr. Mayfield stated that when an expense was anticipated
during the week, he would ask Mr. Sommer to write up a mini-purchase order.
On occasions when this was not possible, such as Saturdays , Mr. Mayfield
would spend what was needed to be spent, and then on Monday, he would submit
the documentation to Mr. Sommer so that there would be a record of the expense,
and the Village would not double-pay a bill . In general , the procedure that
was followed was :
1 . Shop around and get the best price;
2. If possible, get approval ;
3. If no possible, go ahead with the expenditure, and
then report it to Bill Sommer.
Trustee O' Reilly read a statement regarding her feelings
on the Youth Center: "I believe that the creation of the Youth Commission
was an honorable attempt by the Village to address the difficult problem of
youth in this community. I commend the great number of people who have worked
so hard to make it successful . However, I feel that the powers given to the
Youth Commission , both specific and implied, were far too broad. The whole
procedure for constructing the Youth Center should have been supervised the same
as any other program in the Village. Regardless of the donations of time and
money, the Youth Center was being built primarily with tax dollars. The purchasing
and planning of this building should have gone through the usual Village accounting
process and approval system, and it did not. Regarding the brick work, which
this Board required to be done professionally, I feel it is very unfortunate and
very unfair that the Village is being shown, both privately and in the media, as
a villian. If Village standards must be met and approved for developers , we
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certainly cannot require anything less from ourselves. My appraisal on where
do we go from here. Have the contributors of $4,300 earmarked for program
been contacted to see if they are willing to have their money used for con-
struction costs. If they are not, then I feel we should try to agree on using
this money for youth activities. I feel it is significant that the Youth
Commission does not have a strategy for completing the Youth Center. At this
stage, if there isn 't any strategy for completion, how can the Village Board
do anything but take over the completion. I feel the Youth Center should
become a Village Center available to senior citizens and any group or organiza-
tion needing a facility, with first priority to be given to the youth of this
Village. I would hope that the Youth Commission would work with the Village
to devise ways of attracting activities to this Village center. I think this
can be accomplished through Omni-House, the Park District, public and parochial
schools."
Mr. Mayfield stated that he agrees with Mrs. O ' Reilly's
statement. He explained some of the reasons why problems have occurred. He
agrees that the Village must maintain standards of construction on this building,
as well as all others which are constructed in the Village. He stated that
the Youth Commission had a strategy for completion, but that strategy is no
longer viable, mainly because they cannot find a person who will act as a
volunteer coordinator at this point. Mr. Mayfield said that they have been in
contact with other community groups concerning the use of the building. The
Youth Commission is now actively looking at programming.
President Clayton stated that the Board understands that,
although there has not been a formal vote from the Youth Commission, the
Commission will not be expecting any funds for programming, and they will be
advising the Board, and they will be working with already structured organiza-
tions for programming.
Mr. Mayfield stated that is the way he perceives it, and said
that the Youth Commission wants to get into programming as quickly as possible,
and that seems to be the way to move at this point.
Mr. Bogart stated that regarding the $4,300 in donated funds ,
the majority of these donors have been contacted, and so far no one has refused
to let their funds be used toward completion of the building. He anticipates
100% approval once all donors have been contacted. Mr. Bogart will keep the
Board apprised of this situation.
Mr. Bob Cole asked if all remaining funds are to be used for
construction. President Clayton stated that is correct. Because all construc-
tion funds had already been expended, the Board voted to use the remaining
donated funds for completion of the building. The Youth Commission will now
work with already existing groups so that there can be programming without
expending any more tax dollars.
Since the Village will be using the approximately $15,000
in donated funds to complete the building, Mr. Bogart asked if the Youth
Commission were to raise further funds , and the cost of finishing construction
of the building were to exceed both Village funds and donated funds, the Board
would then use the additional donated funds for completion.
President Clayton said that the staff would have to evaluate
the exact cost of finishing the building, and if that cost were to exceed the
funds now available, the Board would then have to make a decision as to where
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the additional money would come from. President Clayton stated that her own
opinion would be to wait on soliciting further funds until the construction
element has been completed.
Mr. Bogart said that they, the Youth Commission, feels they
would need approximately $16,000 for a full -time staff person plus utilities
for one year.
Trustee Marienthal asked why there has not been a fund raiser
for the Youth Center for over one year.
Mr. Mayfield stated that the primary reason is manpower. He
said the bulk of the winter was spent pursuing funds of a non-local nature
(grant applications, etc.) , and there was no manpower available to supervise
a fund raiser.
In response to a question from Trustee Hartstein, there was
discussion on whether programming should come before the building, or vice versa.
Mr. Mayfield said that approach (programming before building)
had been tried and failed. He said it would be ideal to have programming and
a building simultaneously, but since that is not possible, the approach now is
to have the building and then work toward programming. He said that both the
previous Board and the present Board has worked together with the Youth
Commission, and he feels progress has been made. He feels that, once the
program is rolling, there will be so many kids showing up that there will not
be space enough for all of them.
Trustee Hartstein stated that he is 100% behind setting up
programs for the youth of the Village. He said that, since the Youth Commission
cannot, at this time, set up programs on their own, they should go out and
actively pursue organizations that do have existing programs.
Mr. Mayfield stated that they are exploring all possibilities
and are moving forward.
President Clayton stated that, in her opinion, the Board and
the Youth Commission are not that far apart in their views.
Moved by Marienthal , seconded by Hartstein, to waive bids and
direct the Village Manager to prepare a negotiated proposal with a local
contractor to complete the Youth Center, with the stipulation that, before
contract is awarded, it will be brought back to the Board for final approval .
Trustee Marienthal asked about the possibilities of working
with the shop programs at the local high schools and junior colleges.
There was then discussion as to the legalities , insurance
risks , and other problems which would occur in this regard.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
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President Clayton asked if the Youth Commission could bring
some recommendations to the Board regarding programming within 90 days. Mr.
Mayfield stated that he is sure the Youth Commission could bring a recommendation
to the Board within 30 days.
Mr. Sommer stated that he is not confident that the construction
of the building can be completed with the $9,254.36 currently in the Youth
Center fund. Therefore, he asked the Board's opinion on whether or not fund
raising should be continued at this point.
Trustee Hartstein stated that , without having the Commission 's
recommendations regarding programming, he does not feel that issue can be
answered.
Trustee Stone moved that, whatever money the Youth Commission
is able to solicit beginning immediately, be used for programming. There was
no second to the motion.
Trustee Kavitt stated that, since it should only be two weeks
until there is a proposal from the staff, the decision should be postponed until
then.
Trustee Hartstein stated that , since the Youth Commission may
be working with already existing organizations, he would not urge that they try
to raise money for something which may not call for any money.
RECESS President Clayton del cared a recess at 9: 15 P.M. The meeting
reconvened at 9:25 P.M.
STREET LIGHTING Mr. John Panella asked if there was any street lighting proposed
(ARL. HTS. RD. ) on Arlington Heights Road in the vicinity of Buffalo Grove
High School . Mr. Boysen stated that there is currently no plan
for a lighting system on Arlington Heights Road south of Lake-
Cook Road. He said that between Lake-Cook Road and Route 83 there is a high
quality lighting system planned in conjunction with the widening of Arlington
Heights Road in Lake County.
Mr. Boysen said they are considering street lights in con-
junction with all new developments , such as in the case of the Datsun dealer.
Mr. Panella asked who would pay the cost of street lights.
Mr. Balling replied that the county permits the lights to be installed, but the
expense is up to the Village.
Mr. Balling stated that there are three street lights proposed
on Arlington Heights Road in conjunction with Phase II of the Windfield Sub-
division; however, these are not in the vicinity of Buffalo Grove High School .
QUESTIONS FROM Mr. Joe Sloat stated that he strenuously objects to anyone
THE AUDIENCE using the podium for advertising a major political party, as
was done in the case of the voter registration drive. He said
this Village is a non-partisan form of government and does not
feel major political parties should enter into it.
5556
11/5/79
Mr. Robert Bogart said there are a great many homes for sale
in Buffalo Grove today. He said that there is a problem because of the inability
to advertise these homes outside of the newspaper, because of the sign ordinance.
Mr. Bogart stated that he thinks the Board should consider changing the sign
ordinance to allow "Open House" signs to be placed on property other than the
owner 's property or private property.
President Clayton said she believes there might be a legal
problem with placing these signs in the right of way. She also stated that,
since there is a full agenda this evening, she would like to place this item
on a future agenda for consideration. Mr. Bogart will be notified of the date.
CONSENT AGENDA President Clayton explained the Consent Agenda, and stated
that either a member of the audience or a member of the
Board could request that an item be removed for further
discussion.
Mr. Robert Fliss of Standard-Pacific stated that he would like
to have Item XI , D tabled until the November 19, 1979 meeting. Mr. Fliss stated
that , under the terms of the Subdivision Improvement Agreement, which they signed
on September 17, 1979, the Village had 45 days in which to enact this recapture
ordinance. Acting as Vice President of Standard-Pacific, Mr. Fliss has agreed
to move this to November 19, 1979, which is a deferment of approximately 20
days.
Trustee Hartstein also requested that, for purposes of
clarification, Items XII , D, and XIII , D be removed from Consent Agenda.
Trustee O'Reilly requested that Item XIII , G be removed for
further discussion.
ORDINANCE #79-49 Trustee Hartstein said there are some items in the Ordinance
TFence Ordinance) that should be clarified, and possibly corrected. He
definitely thinks that all items recommended in the November 1 ,
1979 memo from Mr. Hruby be made a part of any revision of the Ordinance.
Also, on Page 2, Paragraph 15.36.0406, Mr. Hartstein stated that, for the sake
of clarity, he thinks that sentence should parrot the language in the last
sentence of Paragraph A, which is "within 45 ' of the intersection of any curb
lines or of street lines projected."
Trustee Hartstein moved that Section 15.36.060A be amended
to read: "Fences , walls, or other screening structures, may be erected, placed,
and maintained along a lot line in non-residential zoning districts." In
Paragraph C of that Section, Trustee Hartstein asked for some clarification
regarding the 6 ' and 8' fence.
Mr. Heinrich stated that is a typographical error, and should
read "8'". He stated that the only place that 8' fences are allowed is between
residential and non-residential parcels.
Mr. Balling said that the discretion on the word "may" is
to satisfy the Zoning Ordinance which currently requires a 12 ' landscape buffer,
which is still permissible, but the alternative would be an 8' fence.
II
5557
11/5/79
Moved by Hartstein, seconded by Kavitt, to pass Ordinance
#79-49, with the changes which he suggested, as well as the changes suggested
in the memo from Mr. Hruby dated November 1 , 1979. Upon roll call , Trustees
voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
RESOLUTION #79-68 Moved by Marienthal , seconded by Stone, to pass Resolution
#79-68 in opposition of Franklin Boulevard Hospital . Upon
roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
RESOLUTION Moved by Kavitt , seconded by Marienthal , to pass Resolution
#79-69 CNWCDS) #79-69 as written, amending the by-laws of the Northwest
Central Dispatch System to provide for fire service dis-
patching.
Trustee O'Reilly is concerned about the inclusion of other
emergency dispatching systems. She understands that we are approving fire
to add to this, and she feels that the "other" emergency is far too broad, and
she feels that the whole agreement with NWCD is so tight, that we might be
leaving ourselves wide open in the future if we agree to the other emergency
systems.
Trustee Kavitt stated that he thinks this is kind of a
"catch-all" for some type of disaster in the area whereby they could dispatch
various types of life-saving equipment in a co-ordinated effort.
Mr. Balling stated that this is in conjunction with the
"911" conversion.
Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , Stone, Hartstein , Kavitt
NAYES: 1 - O 'Reilly
ABSENT: 1 - Gerschefske
Motion declared carried.
NORTHWEST Trustee Marienthal stated that there is an addition to the
COMMUNITY Plat dated October 26, 1979, which should read "Plat of
HOSPITAL Subdivision". Moved by Marienthal , seconded by Stone, to
Final Plat of approve the Final Plat of Subdivision, Lot 1 , Northwest
Subdivision, Community Hospital , in conjunction with the memo dated
Lot 1 November 1 , 1979 and that the Plan Commission recommendation
be filed, that being that the words "Plat of" be added before
the word "Subdivision".
Mr. Balling stated that it is customary for the Board to
collect fees at the time of Plat execution.
5558
11/5/79
The second point Mr. Balling brought up is that the Hospital
does find itself in a situation of not satisfying a relatively minor platting
requirement of the Division of Water Resources, Illinois Department of Trans-
portation, and that is when any platted subdivision lies within 500 ' of a
tributary that is under the jurisdiction of the Division of Water Resources ,
that must be noted on the plat prior to recording. Prior to that recordation,
the County Recorder will insist on a sign-off letter from the Department of
Transportation indicating that either there is no impact on the floodway, or
that the appropriate Department of Transportation engineering review has been
undertaken and they approve the modifications to the floodway. In this
situation, there is no doubt that the first requirement will be satisfied -
there is no work within the floodway - so there will be a declination letter
by the Department of Transportation.
The predicament which the Hospital has raised is that they
do not have from the Division of Water Resources that sign-off letter, therefore,
they cannot record their plat. The Village Ordinance provides that building
permits are only issued on lots of record. Looking at the weather conditions
we are facing, Mr. Balling has identified anoption which he can reluctantly
accept, whereby the Hospital has provided him with an addendum letter which
voluntarily will cause them to commence all construction activity if the
sign-off letter and plat are not recorded within a 30 day period. That would
permit the Hospital to do their footing and foundation work prior to the plat
recording.
Since there is no work in the floodway, and this is just
a formality, Mr. Balling can recommend approval of this plat.
President Clayton asked if the developer did understand
that it was at his risk. Mr. Chotiner said that the Hospital did understand
that it is at their risk.
Trustee Marienthal amended his motion to include the points
raised by Mr. Balling.
President Clayton said that, since this motion does include
fees, she feels the matter of the fee waiver for Northwest Community Hospital
should be settled before proceeding.
Trustee Marienthal withdrew his motion.
NWCH (Fee Waiver) Mr. Richard Houpt explained the reasons why the Hospital is
requesting that the Village waive fees other than those
which are out of pocket expense for the Village.
Trustee Kavitt pointed out that a portion of the building
will be rented to MESA, which is a profit-making organization.
Mr. Balling stated that the permit fees are looked at as a
cost of service situation.
In answer to a question by Trustee Hartstein, Mr. Raysa
stated that all fees have to be in relation to the actual expense.
5559
11/5/79
Moved by O'Reilly, seconded by Hartstein, that this fee
waiver request be denied. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
NWCH - Final President Clayton stated that we would now go back to Trustee
Plat, Lot 1 Marienthal 's original motion with regard to the approval of
the Final Plat, subject to the conditions which he outlined.
Mr. Raysa stated that, on the Plat of Subdivision, there is an
easement for ingress and egress, but there is no language stating what that
easement is for, or who it is for. Mr. Boysen stated that it is to be a
privately-owned and maintained accessway. In an effort to minimize access to
arterial street system, they would like to provide shared access through a
system of parking lot accessways that would then service each of the lots in
the area. It is intended as an easement for the public to have access to each
of those properties through an interior system.
Mr. Raysa wanted the record to show that the owner understood
that this would be an easement for the public, but would be privately maintained.
Mr. Houpt stated that the Hospital was in agreement with this.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
NWCH - Plat of President Clayton stated that the next item was the Plat of
Easement Easement, Lot 1 , for Northwest Community Hospital .
Moved by Marienthal , seconded by Hartstein , to approve the
Plat of Easement, Lot 1 , in conjunction with the one dated October 26, 1979.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
CANDLEWOOD Moved by Marienthal , seconded by O' Reilly, to approve parkland
CREEK EAST - acceptance lots 14 and 26 Candlewood Creek East.
Lots 14 & 26
The annexation agreement provided for public land dedications
for park purposes .
Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
5560
11/5/79
VILLAS OF Moved by Marienthal , seconded by O'Reilly, to approve school
BUFFALO CREEK land conveyance to District #96, Lots 9002, 9006, and 9007,
(School land Villas of Buffalo Creek.
conveyance)
(Resolution The replatting and ROW dedication is completed and the
#79-70) eastern portion of the new School District #96 School Site
on Brandywyn may be dedicated to District #96.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAPES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
BDDC - PHASE I Trustee Hartstein stated that he asked that this item be
ARCHITECTURAL removed from the Consent Agenda because he reviewed the
CONSULTING contract, which provided what was to be done in Phase I , and
SERVICES stated that fees would be limited to $10,000 unless otherwise
authorized by the owner. He does not think it is necessary
to justify increasing that fee for any reason whatsoever.
Mr. Balling stated that the staff agrees in principle with
Mr. Hartstein 's statement; there were circumstances beyond the consultant's
control that caused the extra fee, which Mr. Balling explained.
Moved by Hartstein, seconded by Kavitt, that no further
funds be authorized for Phase I for the firm of Brim/Braun relating to their
counsulting services. Upon roll call , Trustees voted as follows:
AYES: 3 - Marienthal , Hartstein, Kavitt
NAPES: 2 - Stone, O 'Reilly
ABSENT: 1 - Gerschefske
Motion declared carried.
JAYCEE CHRISTMAS President Clayton stated that the Buffalo Grove Jaycees
TREE SALE have requested a waiver of fee for the Christmas Tree Sale
which they will be holding at the Ranch Mart Shopping Center.
Moved by Hartstein, seconded by Kavitt, that the Buffalo
Grove Jaycees be granted a waiver of fees permitting outdoor sale of Christmas
Trees , the Jaycees being a not-for-profit organization. Upon voice vote, the
motion was unanimously declared carried.
HIGHLAND GROVE - Mr. John Mays, General Counsel for the Hoffman Group, explained
UNIT III this situation and how they feel the errors occurred. Mr.
(Variation Mays stated that it would cost between $60,000 and $70,000
request) to move the four houses in question tonight. He stated they
are before the Board tonight to try and work out a solution
equitable to both parties.
Mr. Heinrich stated that there have never before been this
many violations from one developer. He said that most of the variations were
less than 1 ' , and those requests were granted. In the case of the variations
in question tonight, there is question as to whether or not some of the houses
will even fit on the lot. The Village policy of spot surveys is the reasons
these violations were caught.
5561
11/5/79
Mr. Mays stated that, regarding the provision in the ordinance
that an appeal must be made within 15 days , it seemed wiser to bring all six
items up at one time, rather than separately. It is the opinion of the ZBA
that the zoning ordinance should be supported. Mr. Heinrich stated that the
developer did not employ a registered land surveyor to stake the foundations.
Trustee Hartstein stated that he thinks the petitioner
has the burden of showing the Board why the ZBA ruling should be overturned.
Trustee Hartstein stated that he sees no reason why the ZBA
ruling on three of the four lots in question tonight should not be upheld.
With regard to the lot at 507 Highland Grove Drive, which is a model , Mr.
Hartstein believes that, in reviewing the record of the building department,
construction proceeded from time to time, and a home was built, and the various
stages were approved by the Village. In this situation, he believes it is
probably an unreasonable burden to say that a variation cannot be granted at
this point. He thinks a compromise situation could be worked out, through
screening, and otherwise, to compensate adjoining property owners.
Mr. Heinrich stated that he feels the Village would be
setting a dangerous precedent by saying to a developer that, in essence,
"for a fine, you can do whatever you want to". He stated that this is the
reason we have a zoning ordinance, and this would not be upholding the zoning
ordinance.
Moved by Hartstein, seconded by Marienthal , that the denial
by the Zoning Board of Appeals with regard to Highland Grove, Unit #3, Block
19, Lot 16; Block 19, Lot 14; and Block 19, Lot 2 be upheld. Upon roll call
Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAPES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Mr. Heinrich stated that, regarding Block 12, Lot 8, possibly
this should be referred back to the ZBA to come up with a solution to the
problem, possibly by screening or other conditions imposed as a condition to
any variance.
Moved by Hartstein, seconded by Kavitt, that Lot 8, Block 12
in the Highland Grove subdivision be referred back to the ZBA for a re-hearing.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAPES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
ZONING ORDINANCE Trustee Hartstein stated that the reason he asked that this
(FILING FEES) item be removed from Consent Agenda was to clarify Section
1 . 1-3 "For exceptions". He asked what that related to.
It was stated that this was in the prior ordinance, and was
not a section that was amended.
5562
11/5/79
Regarding the fee of $175.00 to appeal a decision of the
Director of Building and Zoning, Mr. Heinrich stated that this was discussed
quite thoroughly at the ZBA meeting, and is directed at cases where the appeal
is not regarding a yard encroachment or a fence, but rather a decision of the
Director of Building and Zoning regarding the application of the zoning ordinance,
thus generating a far more costly appeal of a variance. Trustee Hartstein feels
the language should be clarified.
Mr. Heinrich stated that, at this time, the Village is losing
approximately $100 on some variances.
Mr. Raysa stated that the fees should cover costs.
Moved by Hartstein, seconded by Stone that the amendment to
the Buffalo Grove Zoning Ordinance covering fees for ZBA hearings be referred to
the Plan Commission , with the understanding that there be a more complete
explanation with regard to appeals to the Director of Building and Zoning, and
with the understanding that the ambiguity created by Sections 1 . 1-2, 1 . 1-3,
and 1 . 1-4 be eliminated. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
BUFFALO GROVE Trustee O 'Reilly stated that the reason that she removed this
DATSUN item from Consent Agenda is to be sure that the lighting is
shielded in such a way to be least offensive to adjacent
residences.
Moved by O' Reilly, seconded by Kavitt to approve the Appearance
Commission approval of architecture, lighting and signage for Buffalo Grove
Datsun, with the stipulation that the lighting be shielded in such a way as
to be least offensive to nearby residents. Upon voice vote, the motion was
unanimously declared carried.
NORTHWEST Moved by Marienthal , seconded by O'Reilly, to approve Appearance
COMMUNITY Commission recommendation for Northwest Community Hospital
HOSPITAL signs and architecture. Upon roll call , Trustees voted as
follows:
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
EXECUTIVE Moved by Marienthal , seconded by O 'Reilly, to approve
ENVIRONS Appearance Commission recommendation for Executive Office
Environs signage, wall , and lighting. Upon roll call ,
Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
5563
11/5/79
STEEPLEVIEW Moved by Marienthal , seconded by O'Reilly to approve
Appearance Commission recommendation for Steepleview signage
and lighting. Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAPES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
ADJOURNMENT Moved by O 'Reilly, seconded by Hartstein to adjourn to
Executive Session to discuss personnel and litigation. Upon
Voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 10:50 P.M. The Executive
Session was adjourned at 12:30 A.M.
Janes M. Sirabian, Village Clerk
APPROVED BY ME THIS I97N DAY
��ii''�
OF W cv'+,r u-`t-> , 1979.
lage President
II