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1977-04-18 - Village Board Regular Meeting - Minutes 4918 4/18/77 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, APRIL 18_, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at 8:07 P.M. Those present stood and pledged allegiance to the Flag. Moved by Mahoney, seconded by Carroll to appoint Linda Isonhart as Clerk Pro Tem in the absence of Verna Clayton, Village Clerk. The motion passed. The Clerk called the roll and found the following: PRESENT: President Fabish; Trustees, Mahoney, Rech, Driscoll, Bogart, Carroll, Marienthal. Also present were William Balling, Village Manager; William Raysa, Village Attorney; Charles McCoy, Director of Public Works; Harry Walsh, Chief of Police; and William Sommers, Administrative Assistant. 1. Minutes of April 11, 1977 Moved by Bogart, seconded by Carroll to approve the minutes of the regular meeting ha.ld April 11, 1977,. as published. Upon roll call, the vote was: AYES: 6 - Mahoney, Rech, Driscoll, Bogart, Carroll, Marienthal MAYES: 0 - None 2. Village Manager's Report Mr. Balling reviewed with the Board the Summary of Administrative Activities for the Month of March 1977. 3. President's Report President Fabish reminded those present that tomorrow is election day and asked that everyone vote. President Fabish reported that he had received a nazis release stating that Buffalo Grove Road will be closed for three months starting April 25 where it crosses over Buffalo Creek. 4. Grand Spaulding ➢odge President Fabish noted that several people were present from Mill Creek. Mr. Balling informed them that the Village is getting a court reporter transcript of the proceedings related to Grand Spaulding. The transcript is being provided by the subdivider. He has asked the Village to hold in abeyance any action on the Grand Spaulding matter pending the Village's review with him of the court reporter transcripts. They should be available in about two weeks. 4919 4/18/77 President Fabish added that nothing more can be discussed on this until the transcripts are received. However, the Village will see that the park area is leveled and seeded. 5. Mill Creek Trustee Bogart reported that last Tuesday morning he and Mr. Balling went over to view the Arlington Heights portion on which there are three problems. These are grading, weeds and the retention basin. Mr. Balling has asked for a Staff report and the Village will contact Arlington Heights to get some redress. He added that the major problem is drainage. Mr. Don Feldman, 648 Stanford Lane, stated that the people on Mill Creek Drive and Stanford Lane have a very bad weed problem behind them on this site. They do not want to go through what they went through last year, They want it cleaned up and kept clean. Trustee Bogart stated that this matter will be brought to the Board if it cannot be solved on the Staff level. 6. COMMITTEE OF THE WHOLE Dominion Development President Fabish opened the discussion on Dominion by asking the Board if they felt this should be discussed in Executive Session. There was discussion and no action was taken in this regard. A resident of Cambridge-on-the-Lake stated that he wanted to inform the Board that as a group they disapprove of this plan. Trustee Mahoney replied that he does not feel they should say they approve or disapprove because they do not know what the plan is. He suggested that the representative for the developer show the proposed plan to the audience. Mr. Arthur Sheridan reviewed the original plan and the proposed plan for the audience. He described the architecture of the building and traffic pattern. Regarding the traffic pattern, he stated there are fewer entrances and exits in the proposed plan. Also, at the request of the Board they have eliminated parking spaces in the front of the Steak and Shake to facilitate traffic. Mr. Sheridan stated that the signs will be low. They will be no higher then 6 feet. The landscaping will be in conformance with the Village ordinance. In response to a question from the audience, Mr, Sheridan stated that there are 132 parking spaces overall. President Fabish stated that a letter received from Mr. Tom Fennell, Building Commissioner, reported that the parking on each lot exceeds the requirements. At President Fabish's request, Mr. Raysa explained to the audience what has taken place regarding the Dominion Development up to this point in time and what happens if the Village wins, loses or approves the proposed plan. Trustee Bogart felt that it should be pointed 4920 4/18/77 out that should the Village continue the suit, it will cost several thousand dollars more and if they should win, they will win nothing more then the original plan. Steve Goldspiel, Plan Commission, said that he hopes consideration is given to the traffic problem relating to vehicles entering and exiting onto a rather sharp curved road. President Fabish replied that this item has been discussed heavily. 1 Trustee Rech stated she is sorry that the Village is settling the court case. They have put forth a lot of effort and money for what they considered a worthy cause. She feels there is a conglomerate of uses at the front door of the Village which will not be visually acceptable to her. The access is extremely poor and a severe traffic problem will be created. President Fabish read Resolution #77-24: a resolution authorizing a Stipulation and Order to dismiss and settle the pending litigation. He then read the Stipulation and Order. Discussion followed regarding whether the Pizza Hut letters on the roof had been included in previous discussions. This was not included in the Stipulation and Order. Mr. Sheridan felt that it had been discussed previously. Trustee Carroll stated that only low signage in front of the building had been mentioned. Trustee Mahoney stated that he remembered that the sign on the roof was discussed. Mr. Sheridan stated that except for the above matter the Stipulation and Order is acceptable to them. President Fabish asked for clarification of Mr. Fennell's memo of April 14 in which he stated there are several violations of the existing zoning. Mr. Balling stated that the principle conflict relates to lot four and the berming requirement adjacent to the right-of-way line. The position of the building on the lot and the configuration of the lot does not permit' a buffer median of the depth required. Mr. Balling added that the west side of the lot abuts a residentially zoned property and requires a 12' buffer with a 6' high fence. Mr. Sheridan stated that they began with a 25' buffer strip and it thins out to 24'and narrower. With a square building on a pie-shaped piece of property they cannot maintain the 25' . He asked that this be submitted as a variation. Mr. Raysa stated that according to Ordinance #76-39 this variation is not allowed. Mr. Sheridan replied that under a decree and agreement such as this, the ordinances can be varied to some degree. After further discussion in this regard, it was decided that Mr. Raysa will give his written opinion to the Board and if a change is required in the plan to conform to the ordinance, the developer will make this change. 4921 4/18/77 Trustee Carroll questioned the elevation of the enter and exit sign on Dundee Road. Mr. Sheridan stated that this will be the same size sign as the other shown on the plan. There was discussion regarding placement of right-hand turn only signs, There will definitely be right-hand turns from the Dundee Road exit and the two north Buffalo Grove exits because of unmountable medians. Trustee Carroll expressed her concern over having four exits onto Buffalo Grove Road. She wants only two exits but if there have to be four she wants them all going.in one direction. Mr. Sheridan stated that it was intended for the first two exits on Buffalo Grove Road to be right-hand turn only and the balance were intended to be either right or left-hand turn. He asked that this be incorporated into the Stipulation if it is approved. Trustee Marienthal felt that Steak and Shake should have attempted to blend in more harmoniously with the other buildings. It is white and the surrounding buildings are earthtone. Mr. Sheridan responded by stating that Steak and Shake had changed the bottom of their li building to black in an effort to blend in. Trustee Bogart questioned the Pizza Hut letters on the roof. Trustee Mahoney stated that he remembers distinctly that an objection was raised to the lettering and that Mr. Sheridan said that they insisted on the lettering. Resolution #77-24 Moved by Mahoney, seconded by Driscoll to approve Resolution #77-24 authorizing execution of the Stipulation but prior to the Stipulation's submission to the court, Mr. Raysa should render an opinion on whether it requires a change in our Zoning Ordinance or a change in the plan. Discussion followed. Trustee Carroll asked Mr. McCoy if he is familiar with the height of the berming or eventual height of the signs when they are on the berming. Mr. McCoy replied that he would like to see the signs higher. If the signs are placed at the property line, someone will have to pull across the public sidewalk to see oncoming traffic. Trustee Mahoney asked that it be made a part of his motion that the Village reserves the right to determine the height of the signs. Trustee Mahoney clarified for the Board that his motion includes the Pizza Hut sign with the lettering. Mr. Sheridan added that this would be unlighted. After a discussion during which Mr. McCoy stated that by making all exits on Buffalo Grove Road right turn only you would be forcing people to disobey the law, Trustee Mahoney asked that his motion be amended to state that only the first two exits on Buffalo Grove Road will be right turn only. 4922 4/18/77 Upon roll call, the vote was: AYES: 4 - Mahoney, Driscoll, Bogart, Fabish NAYES: 3 - Rech, Carroll, Marienthal Motion declared carried. 9:50 P.M. - The President declared a recess. 10:00 P.M. - The meeting resumed. Trustee Rech presented President Fabish with a check for $549.35 from the Jaycee-ettes for the last major piece of equipment for the park. Water System - Capital Improvement Fees Moved by Marienthal, seconded by Carroll to approve the new fees in accordance with Chuck McCoy's memo of March 29, 1977. Upon roll call,the vote was: AYES: 6 - Mahoney, Rech, Driscoll, Bogart, Carroll, Marienthal NAYES: 0 Motion declared carried. Well #2 Improvements Moved by Rech, seconded by Bogart to approve the additional cost for the improvements of Well #2 as outlined in the memo of April 14, 1977. This will include: 1. Layne-Western proposal - $24,137.35 2. Commonwealth Edison Company - $479 3. Okeh Electric Company - 510,458 4. Autocon Industries, Inc. - $8,613 5. Stannard Power & Equipment Co. - $4,597 Also, that we waive bids. Upon roll call, the motion carried unanimously. Golf Course Fertilizer Moved by Rech, seconded by Mahoney to approve golf course fertilizer for spring and fall. Discussion followed regarding the storage and delivery of the fertilizer. Trustee Rech stated that as an addendum to her motion Mr. Balling's recommendation for the purchase of 14 tons of 18-5-9 Country Club and 6 tons of Vertagreen 12-6-24 from the Arthur Clesen Co. , will be upheld. Also, bids shall be waived. Trustee Mahoney amended his second. Upon roll call, the motion carried unanimously. 4923 4/18/77 Revenue Sharing Public Hearing President Fabish read the Notice of Public Hearing that appeared in the Buffalo Grove Herald on April 8, 1977. Trustee Mahoney suggested that the Village use the money to keep paying off the loan for construction of the Public Works garage. President Fabish polled the Board, "Yes" indicating favor of expending the allotment exclusively for the Public Works garage and "No" indicating opposition. The poll found the following: YES: 6 - Mahoney, Rech, Driscoll, Bogart, Carroll, Marienthal NO : 0 Public Hearing closed. Revenue Sharing Moved by Mahoney, seconded by Rech to continue during the coming year to expend our allotment of Federal Revenue Sharing toward reduction of our indebtedness toward the construction of the Public Works garage because it is in the public interest. Upon roll call, the motion carried unanimously. 1977-78 Pay Plan President Fabish polled the Board regarding whether they are in favor of the 1977-78 Pay Plan. A "Yes" vote would be indicating favor of the Pay Plan as presented and a "No" vote would indicate opposition. Mr. Balling informed the Board that the salaries of the Deputy Chief and Officer in Charge are intended as stipends and should not be subject to the 5% increase. YES: 6 - Mahoney, Rech, Driscoll, Bogart, Carroll, Marienthal NO : 0 Motor Fuel Tax Fund Mr. Balling reviewed this year's Motor Fuel Tax program and the projects contemplated, He stated that MFT is budgeted with the current year revenues. The Village will be carrying forth approximately $400,000 in available capital for road construction programs in future years. President Fabish asked if it is possible to use some of this in the Street and Bridge Fund. Mr, Balling replied that they have transferred the maximum amount permissible. Trustee Rech asked that this transfer be shown as such in the final document. Mr. Balling stated it would be. Street and Bride Fund Trustee Bogart stated that we are presently expand the Public Works building usingcash funds ttogdoone thatto particular job. He proposes that that cash be transferred to 4924 4/18/77 Street and Bridge thereby balancing that account and request that the Staff go out and explore alternate means of financing the reconstruction both of the Public Works Building and the Village Hall. There was discussion regarding the transfer of general funds to *CORRECTION the Street and Bridge Fund.-Trustee Rech asked if the financial problem experience by the Village was due to a revenue or an expense pro- blem for this year. Mr. Balling replied that it was a revenue problem. Trustee Rech suggested raising the auto license fees and in this way increase the revenue. Mr, Balling suggested that expenditures be translated to the General Fund. Trustee Carroll concurred with earlier statements from Trustee Rech and Mr. Balling that the problem is not just this year. We do not have enough money coming in in that particular fund. If it means increasing our revenue the most obvious thing would be to increase license fees for large engine vehicles. There was disagreement regarding raising fees for just the large engine vehicles. Mr. Balling stated that anything under 32 horsepower cannot be raised above $10 because it is a statuatory provision. President Fabish polled the Board regarding raising the license fees. "Yes" indicates they are in favor of raising the fees. "No" indicates opposition. YES: 5 - Mahoney, Rech, Driscoll, Carroll, Marienthal NO: 1 - Bogart Moved by Mahoney, seconded by Rech to direct the attorney to prepare an ordinance raising all the license fees by $5 if it is legally feasible and if not, raising just the larger class $5. Upon roll call, the vote was: AYES: 5 - Mahoney, Rech, Driscoll, Carroll, Marienthal NO: 1 - Bogart 1977-78 Budget Moved by Bogart, seconded by Carroll to accept the 1977-78 Budget except for the stipulation in the Street and Bridge Fund and ask it be put in final form. Upon roll call, the motion carried unanimously. ESDA Generator Moved by Mahoney, seconded by Bogart to table this matter until the Village Attorney has reviewed it with Civil Defense to see if there is a remedy, Upon roll call, the motion carried unanimously. 4925 4/18/77 Koenig & Strey Easement Moved by Mahoney, seconded by Driscoll to approve Ordinance #77-16 Releasing and Disclaiming Interest in and to an Easement. Upon roll call, the motion :carried unanimously. Mr. Raysa asked that a certified copy of the ordinance be sent to him. Executive Session Moved by Bogart, seconded by Mahoney to move to executive session to discuss personnel. Upon voice vote, the motion passed unanimously. Time: 10:55 P.M. Respectfully/ ubmitted, Linda Isonhart, Clerk Pro Tem PASSED AND APPROVED this o day of , 1977. I14-AJ Village Presid t