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.
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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
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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.
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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.
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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.
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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
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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.
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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