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1976-08-30 - Village Board Special Meeting - Minutes 4686 8/30/76 MINUTES OF THE MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, AUGUST 30, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at approximately 8:05 P.M. Those present stood and pledged allegiance to the Flag. The Clerk called the roll and found the following: PRESENT: President Fabish; Trustees Rech, Bogart, Carroll , Marienthal Trustee Driscoll arrived at 8: 10 P.M. ABSENT: Trustee Mahoney Also present were Daniel Larson , Village Manager; Richard Raysa and William Raysa, Village Attorney; Nick Rubino, Village Treasurer; Harry Walsh, Chief of Police; Charles McCoy, Director of Public Works; Carl Rapp, Assistant Village Engineer; William Dettmer, Chief Inspector; and William Whited, Administrative Assistant. 1 . Minutes of August 23, 1976 Moved by Bogart , seconded by Carroll to approve the minutes of the regular meeting held August 23, 1976, as published. Upon roll call , the vote was: AYES: 4 - Rech, Bogart, Carroll , Fabish NAPES: 0 - None ABSENT: 1 - Mahoney ABSTAIN: 1 - Marienthal Motion declared carried. 2. President 's Re ort Congressman Crane President Fabish reported that the meeting with Congressman Crane on August 28, 1976, was successful . Twenty-five municipalities were represented by their mayors and/or managers. Crane committed to try to help solve the problems in obtaining water from Lake Michigan. Proclamation President Fabish proclaimed the week of August 30, 1976, as National Champion- ship Bruin 's Week. Trustee Driscoll arrived. Trustee Driscoll commended the team. He said that all ball fields in the Village were built for Little League, and felt that there should be facilities for soft- ball . Approximately 5 acres is needed for a softball field. 3. Warrant #342 Nick Rubino presented Warrant #342, in the amount of $114,330.44. Moved by Bogart, seconded by Driscoll to approve Warrant #342. Upon roll call , the vote was: 4687 8/30/76 AYES: 4 - Rech, Driscoll , Bogart , Carroll NAYES: 0 - None ABSENT: 1 - Mahoney ABSTAIN : 1 - Marienthal Motion declared carried. 4. COMMITTEE OF THE WHOLE Certificates of Appreciation President Fabish presented Judd Kowitt and Gary Tyranski , members of Civil Defense, certificates of appreciation for their valuable assistance at a fatal automobile accident on July 24, 1976. Dundee Road at Old Buffalo Grove Road The Board reviewed a letter, dated August 23, 1976, from William R. Cook of Elston Builders requesting consideration of the Plan Commission for a 15 store shopping center at the southwest corner of Dundee and Old Buffalo Grove Roads. Mr. Larson explained that this property is the eastern portion of property owned by the Bank of Buffalo Grove (Poppin Fresh is located on the western portion) which is in the Village and zoned B-1 . Trustee Marienthal was concerned with water retention problems. Mr. Larson said that would be resolved with engineering prior to construction. Mr. Whited stated that the annexation agreement requires the builder to obtain site plan approval . Moved by Marienthal , seconded by Bogart to refer the request of Elston Builders to the Plan Commission. Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Bogart, Marienthal NAYES: 1 - Carroll ABSENT: 1 - Mahoney Motion declared carried. Village Plaza Sign The Board reviewed a letter, dated August 13, 1976, from Stan Lieberman re- questing permission to place a sign for the Village Plaza on Dundee Road. This request had been denied by the Appearance Control Commission. Mr. Lieberman stated that this sign would replace an existing sign. He displayed a rendering of the proposed sign which will be bronze metal with cut-out letters illuminated interiorly. The sign will be 12 ' 8" high and meets requirements of the Village Ordinances. He said the Appearance Control Commission objected to the presence of the principle tenant's name on the sign. He said that the other tenants do not object to this, and that Rosen and Share are sharing in the cost of the sign. 4688 8/30/76 Trustee Marienthal suggested that the Rosen and Shane sign be incorporated with the Lieberman Realty sign. Mr. Lieberman said that his sign is located at the western edge of the property, and the proposed sign would be near the center closer to Rosen and Shane. Moved by Bogart , seconded by Driscoll to approve the sign request for Village Plaza. In response to a question from Trustee Carroll , Mr. Dettmer stated that the Buffalo Grove National Bank sign is 20' high. Upon roll call , the vote was: AYES: 3 - Rech, Driscoll , Bogart NAYES: 2 - Carroll , Marienthal ABSENT: 1 - Mahoney Motion declared carried. Rear Yard Variance Mr. Dettmer reviewed the request of Michael Darder, 763 Carriage Way, for a variance to Article X, Section 6.4-3 for the purpose of a room addition which will reduce the rear yard to 22' . He said there has been no opposition to the request. The Zoning Board of Appeals unanimously recommends approval of the variance. In response to a question from Trustee Rech, Mr. Dettmer stated there should be no problem with drainage. The room addition will be constructed over the existing patio. Moved by Carroll , seconded by Rech to approve the request of Mr. Darder for a rear yard variance as proposed. Trustee Rech stated that Mr. Darder erroneously had been informed by his realtor that there would be no problem in putting on the room addition. She asked Mr. Raysa if the Village has the obligation to grant the variance because of misinformation given by a realtor. Mr. Raysa stated that the Village has no obligation in this regard. He said it would be up to the purchaser to take action against the broker. Trustee Rech stated that in the future, this type of situation should not be used as a reason to grant a variance. She asked that the Zoning Board of Appeals be advised of this. Trustee Carroll asked that a letter to this effect be sent to MAP Multiple requesting them to distribute the information to all realtors in the area. Mr. Dettmer said this information will be added to his annual letter to realtors. Upon roll call ,the vote was: AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. 4689 8/30/76 Resolution #76-42 President Fabish read Resolution #76-42, A RESOLUTION OF GOOD INTENT TO PARTICIPATE IN THE JOINT MUNICIPAL RISK MANAGEMENT STUDY PROPOSED BY THE DuPAGE MAYORS AND MANAGERS CONFERENCE AND THE NORTHWEST MUNICIPAL CONFERENCE. William Muhlenfeld, Executive Director of Northwest Municipal Conference, reviewed his report, dated July 7, 1976. In response to a question from Trustee Rech, Mr. Muhlenfeld said it is difficult to estimate the cost per municipality for the study until it is determined how many will be participating, but he thought it would be approximately $2,000. Trustee Rech did not feel Buffalo Grove should pay the same as larger munici- palities. Moved by Rech, seconded by Driscoll to approve Resolution #76-42 with "not to exceed $2,000" added to section 2. James Shirley, 636 Raupp Blvd. , suggested that the Village also look into the possibility of a "self insurance" program. Mr. Muhlenfeld said that the study will address itself to this type of program, also. Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. Countryside Boys Club Burt Harris, Plan Commissioner, stated that the Commission unanimously recommended that the property west of Village Hall be allowed to be utilized by the Countryside Boys ' Club, Inc. , for the construction of their facilities. He said the Commission was concerned that it is a small site next to a highly traveled highway, but since no other land was available, they recommended approval . Trustee Bogart stated that the Boys ' Club hopes to move to another site within 5 years. Trustee Carroll stated that she favors establishment of a youth center, but she was concerned that the site is too near a 4-lane divided highway. She was concerned that a child could be hit by a car while going from the Boys ' Club to Emmerich Park. If other Board members wished to lease the site, she would vote in favor of it, also. She hoped that it was a temporary site only. In response to a question from President Fabish, Norman Katz, President of the Countryside Boys ' Club, said that they have investigated other alternate sites and found none available. President Fabish stated if the lease is approved, the helicopter pad will have to be moved to another location. Trustee Bogart said that the Director of Civil Defense has no objection to the lease if the helicopter pad is moved. 4690 8/30/76 Mr. Raysa stated that before the lease is granted, the Board must make a policy decision that the property is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the Village. After making that finding, the Board must determine whether the Boys ' Club is a public use. Moved by Marienthal , seconded by Bogart that the Board finds, at this time, that the real estate, shown on the exhibit presented to the Plan Commission on August 4, 1976, is no longer necessary, appropriate, required for the use of, profjtable to or for the best interest of the Village. Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Bogart , Carroll , Marienthal NAPES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. Moved by Bogart , seconded by Carroll that the Board recognizes the Countryside Boys ' Club as a public use. Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. Moved by Bogart , seconded by Marienthal to approve leasing the land west of Village Hall to the Countryside Boys' Club; to direct the Village Attorney, in conjunction with the attorney for the Boys ' Club, to draw up a proper lease document; and to establish a token rental fee of $10.00 per year. Mr. Larson said some yard variances will have to be granted. Mr. Raysa said that these should be considered at a later date. Trustee Rech said that approval of the lease gives tacit approval of the variances. Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Bogart , Carroll , Marienthal NAPES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. Swine Flu Vaccine Program Joan Kuffel , R.N. , of the Board of Health distributed and reviewed a packet of information regarding the proposed Swine Flu Vaccine Distribution Program. The program is tentatively scheduled for October 30 and 31 , 1976, at the Buffalo Grove High School . Discussion followed regarding training of volunteers, serious- ness of the disease, life expectancy of the vaccine, liability to the Village, screening of patients, and advisement to patient of possible reaction to the vaccine. II� 1 4691 8/30/76 Mr. Raysa referred to Dr. Joyce Lashof's memorandum, dated July 29, 1976, which stated under Section 6-104 (b) "a county, municipal or board of health or its officers or employees would not be liable for an injury caused by an act or omission in carrying out with due care the conduct of flu immunization clinics". He said because of the words "due care", if there is negligence, the Village will be sued. However, he felt that with the Act as it is written, the chances of the individual winning the law suit are minimal . Trustee Rech said she has reservations about the program, but she felt the vaccine should be available for those who want to partake in the program. She noted Mr. Raysa 's opinion that the liability risks would be minimal . Moved by Rech, seconded by Marienthal that the swine flu vaccine program be approved for the Village of Buffalo Grove as set forth in material distributed to the Board and the guidelines established by the Departments of Health involved with the program. Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Carroll , Marienthal NAPES: 1 - Bogart ABSENT: 1 - Mahoney Motion declared carried. Trustee Carroll stated that she does not approve of the program personally, but she agreed with Trustee Rech that the Village should be prepared. 9:55 P.M. - The President declared a recess. 10:05 P.M. - The meeting resumed. Water Study Agreement For discussion purposes, it was moved by Rech, seconded by Carroll to approve an agreement for engineering services between the Village and Clark, Dietz and Associates-Engineers, Inc. for conduct of a comprehensive study of the Village's 1 water system. In response to questions from Trustee Rech, Mr. McCoy stated that he reviewed the agreement, that it covers the physical questions that should be answered regarding the Village water system, and that it provides planning for a five year period. In response to a question from Trustee Rech, Mr. Larson stated that the specifications for Well #6 will be contained in a separate report to the Board. In response to a question from Trustee Rech, Mr. Larson stated the study will go into efficiencies of the existing wells, mains, and distribution. It will not go into personnel , administration, supervision, or job scheduling. In response to a question from Trustee Rech, Mr. Larson stated that proposals also were received from Greeley Hanson, John Black and Associates, and Ciorba Spies. Trustee Rech said that the Illinois Department of Transportation has just completed a comprehensive plan for water allocation in the State. She suggested the Village obtain a copy for their use. 4692 8/30/76 Trustee Carroll stated that at a prior meeting, Trustee Mahoney had said the Board does not want the consultant to spend time on data already gathered. She was concerned that Section I , II , and III of Article I of the agreement would do this. Mr. Larson said that the consultant will have to review previous documents in order to understand the needs of the Village. Trustee Carroll did not feel a lengthy dissertation on prior studies and basic data would have to be included in the written document. Mr. Larson suggested that the consultant be asked to provide 50 copies of their jreport instead of the 20 provided in the agreement. It was decided to ask for the final report to be submitted 45 days after the draft report (Article IV, Section 1) . Mr. Raysa requested the following changes: 1 . Page 3 - next to last line - add the words "including but not by way of limitation laboratory analyses, reproduction, telephone and out-of-pocket expenses, such as food, lodging or transportation." 2. Page 5 - next to last line - add words "provided in no event shall the Village liability exceed $20,000". In response to a question from Trustee Marienthal , Mr. McCoy said that determina- tion of present and future water needs through 1990 is needed in considering obtaining water from Lake Michigan. Upon roll call , the vote was: AYES: 5 - Rec1, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None ABSENT: 1 - Mahoney Motion declared carried with changes. Ordinance #76-37 President Fabish read Ordinance #76-37, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, AS AMENDED (B-4 zoning for property on Dundee Road to permit the expansion of Grand Spaulding Dodge) . He also read the Declaration of Protective Covenant, Con- ditions, and Restrictions. In response to a question from Trustee Carroll , Mr. Alterman, attorney representing Grand Spaulding Dodge, stated that beneficiaries of the trust owning the property is Harnole Realty Company, a limited partnership (Norman Krause and Leonard Krause) . Referring to the Declaration of Protective Covenant, Trustee Carroll requested that #1 be changed to read "The only use to be made of the premises is the Grand Spaulding Dodge Automobile Dealership". She said that when the rezoning request was brought before the Board, it was represented that it was for expansion of the existing automobile agency only. Mr. Alterman said that he would agree to change it to limit to any Chrysler product dealership. Mr. Raysa 4693 8/30/76 said the Board could limit the use of the property to an automobile dealership, but they could not go beyond that. In looking at the plan, she felt there is a possibility that the land could be sold to be another auto dealership side by side to Grand Spaulding. Trustee Marienthal noted differences between the site plan presented this evening and the site plan approved the night of the public hearing. After lengthy discussion, it was decided that the site plan approved on June 28, 1976, would be Exhibit A to Ordinance #76-37. Trustee Rech said that the park area was to be zoned R-l . Mr. Whited said that the park area is dedicated to the Village on the final plat of subdivision. Mr. Raysa said that the dedication on the final plat will resolve any problem. Trustee Bogart asked if the park land would be leveled. Mr. Alterman said they will attempt to dedicate a level piece of land. Mr. Rapp said this information will be contained in his engineering report at the time of con- sideration of the final plat. Trustee Carroll objected to the removal of a certain tree on Dundee Road. Mr. Leonard Krause said that the tree is in the location of the sidewalk. He said it is a cottonwood tree that is not healthy. Moved by Bogart , seconded by Driscoll to approve Ordinance #76-37 subject to receipt of the executed restrictive covenants . Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Bogart, Fabish NAPES: 2 - Carroll , Marienthal ABSENT: 1 - Mahoney Motion declared carried. Longevity Pay Mr. Larson reviewed Dick Glueckert 's memo, dated August 20, 1976, regarding a longevity pay program. The proposed program provided for the following schedule: Years of Service Amount of Pay 5 through 9 1 Week 10 through 14 2 Weeks 15 through 19 3 Weeks 20 or more 4 Weeks Discussion followed regarding cash flow, cost of the program, and other schedules of payment and cost of same. Moved by Marienthal , seconded by Rech to adopt a longevity program to take effect January 1 , 1977, that July 1 would be used as the cut-off date to determine employee's eligibility in a specific year, that longevity pay would be paid in one lump sum in the month of December, and that the pay be $200 after 5 years of service and $100 additional after each 5 years. Upon roll call , the vote was : AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. 4694 8/30/76 Ordinance #76-33 Moved by Carroll , seconded by Rech to remove from table Ordinance #76-33, Tax Levy Ordinance. Upon roll call , the motion passed unanimously. Mr. Larson explained that the maximum amount that can be levied for Special Street Lighting Tax (5 ) is set by State Statute. The levy amount is greater than what the 5 would be extended against assessed valuation to insure that if for some reason the assessed valuation exceeds projections, the tax rate can be maintained. Mr. Larson said the Civil Defense tax levy was reduced because Lake County extends it at 25 per capita and Cook County extends it at 75% of the Village levy extended across all equalized property with no consideration for the statutory limit of 25 per capita. Mr. Larson said the Special Audit Tax was increased to insure that the levy was sufficient to cover the audit for next year. Mr. Larson stated that he has tried to maintain the same tax rate, but because of the "unknowns" with regard to assessments he was unsure if tax bills will remain the same. Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None ABSENT: 1 Mahoney Motion declared carried. Ordinance #76-36 Moved by Rech, seconded by Carroll to remove from table Ordinance #76-36. Upon voice vote, the motion passed unanimously. Moved by Bogart, seconded by Marienthal to approve Ordinance #76-36, AN ORDINANCE ABATING TAXES FOR THE CONSTRUCTION OF PUBLIC WORKS BUILDING. Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. Department Space Needs The Board reviewed staff reports regarding relocation of various departments. The proposal was to finish the second floor of the Public Service Center to house the Department of Community Development, remodel the lower level of the Municipal Building to house the Police Department, and remodel the existing Police Department to accommodate the Finance Department and General Services. 4695 8/30/76 Chief Walsh stated that he, Sgt. Voigt , and Officer Urry identified the functional needs of the Police Department and drew a plan for the lower level that would take care of these needs. Area available for Police would be increased from 2, 168 square feet to 3,346 which would accommodate 55 persons. He felt this area would serve their needs adequately for 8 years. Trustee Carroll noted that the only available garage area will be shared by the Police Department and Civil Defense. Chief Walsh stated that routine maintenance and cleaning will have to be done outside. Trustee Carroll asked Mr. Larson to try to work out arrangements so that the Police Department can use the Public Service Center garage. Moved by Bogart , seconded by Driscoll to direct the staff to secure an architect to design areas to be remodeled. Mr. Larson stated that the staff will consider several architects and make a recommendation to the Board. In response to a question from Trustee Marienthal , Mr. Larson said that money is included in the Revenue Sharing Fund portion of the budget for architectural services for remodeling the upper floor of the Public Service Center and in the Building and Grounds for the lower level of Village Hall . Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. Winston Square and Ridgewood The Board reviewed the request to vacate the final plat of Winston Square Phase II and to approve the final plat of Ridgewood Phase I . It was explained that these two plats cover the same area, and because of the change in plan and name of the subdivision, the two plats should be approved simultaneously. Mr. Whited read a memo, dated August 9, 1976, from Carl Genrich, Chairman of the Plan Commission, stating that the Plan Commission recommends approval of the plat of vacation and approval of the final plat for Ridgewood Phase I (Exhibit 103-35) . Moved by Rech, seconded by Bogart to approve the plat of vacation for Winston Square Phase I , Planned Unit Development dated August 16, 1976. In response to a question from President Fabish, Mr. Larson stated that this plat is in accordance with the agreement. Upon roll call , the vote was: AYES: 5 - Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. 4696 8/30/76 Moved by Rech, seconded by Driscoll to approve the final plat of subdivision for Ridgewood Phase I according to Plan Commission Exhibit #103-35. Upon roll call , the vote was : AYES: 5 - Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None ABSENT: 1 - Mahoney Motion declared carried. Robert Fogarty, Construction Manager of Centex Homes, presented a letter, dated August 27, 1976, requesting permission to construct 5 single family models on Block 1 , Lots 5, 6, 7, 8, and 9 in the Centex Homes Subdivision known as Ridgewood. He requested permission to submit, receive and pay for building permits and sewer and water permits and begin construction prior to the various Village Boards and agencies having approved the plat of subdivision and engineering drawings. He said this will enable them to begin construction during the time the plats and plans are being prepared and submitted and to allow foundation and close in of model building prior to severe weather. They agreed to demolish and remove structures if they are incorrectly located in the untimately approved subdivision. Trustees Rech, Carroll , and Bogart expressed concern about allowing any con- struction prior to final plat approval . Mr. Fogarty said that elevations of the buildings would be submitted to the Appearance Control Commission and Village Board for approval prior to construction. He said this would enable them to build the models before final engineering of the entire site is approved which is the time consuming part of the process. After discussion , Mr. Fogarty said that he is requesting the ability to submit for permit and ability to submit to the Appearance Control Commission so that they can begin reviewing the elevations and the Building Department can start reviewing the permits and setting fees. President Fabish stated that these things can be done prior to Board approval . Mr. Fogarty said the Building Department wants to see the plat of subdivision prior to their review. The consensus of the Board was that as long as Centex does not start building until the permit is issued, there would be no problem in starting the process. 5. Adjournment Moved by Carroll , seconded by Rech to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 12:05 A.M. Respec ly submitted, .em" Verna L. Clayton, Village C1 PASSED AND APPROVED this /� day of , 1976. 1 Village Presiden