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1991-09-16 - Village Board Regular Meeting - Minutes 8212 9/16/91 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, SEPTEMBER 16, 1991 President Mathias called the meeting to order at 7:35 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President ROLL CALL Mathias; Trustees Kahn, Rubin, Braiman and Hendricks. Trustee Marienthal arrived at 7:37 P.M. , and Trustee Reid was absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm Finance Director; Ray Rigsby, Superintendent of Public Works; Richard Kuenkler, Village Engineer; Ed Schar, Acting Deputy Building Commissioner; Police Chief McCann; Fire Chief Allenspach; and Joseph Tenerelli, Village Treasurer. Moved by Rubin, seconded by Braiman, to approve the APPROVAL OF MINUTES minutes of the August 26, 1991 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 3 - Rubin, Braiman, President Mathias NAYES: 0 - None ABSTAIN: 2 - Kahn, Hendricks ABSENT: 2 - Marienthal, Reid Motion declared carried. Trustee Marienthal arrived at this time. Moved by Kahn, seconded by Braiman, to approve the minutes of the September 3, 1991 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Mr. Tenerelli read Warrant #702. Moved by Kahn, seconded WARRANT #702 by Braiman, to approve Warrant #702, in the amount of $1 ,711,778.40, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Trustee Rubin reported that the Chamber voted to RED RIBBON investigate the possibility of a Red Ribbon Campaign. CAMPAIGN 8213 9/16/91 Mr. Balling noted the submission of the Management Report MANAGEMENT REPORT for August. It was requested that a report be submitted with results of the water usage with the new summer hours. A report was also requested regarding the collection of fees collected by the Building Department. Mr. Balling noted a check received from the State SANITARY SEWER Treasurer for $379,521.00, representing work by Greg GRANT Boysen in securing full funding for the Build Illinois Sanitary Sewer Grant. President Mathias conveyed the thanks of the Board to Mr. Boysen. President Mathias read a brief biography of Commander SERVICE AWARD William Urry, after which he presented Commander Urry with a gift from the Village in recognition of his 20 years of service to the Village of Buffalo Grove. Commander Urry was congratulated by the audience and the Board. President Mathias read a biography of Sergeant Robert Quid, and presented a gift from the Village in recognition of his 20 years of service to the Village of Buffalo Grove. Sergeant Quid was congratulated by the audience and the Board. President Mathias read a biography of Officer Kerry Kenny and presented a gift from the Village in recognition of his 20 years of service to the Village of Buffalo Grove. Officer Kenny was congratulated by the audience and the Board. President Mathias asked if there were any questions from QUESTIONS FROM THE the audience; there were none. AUDIENCE President Mathias explained the Consent Agenda, stating CONSENT AGENDA that any member of the audience or the Board could request that an item be removed for full discussion; there were no such requests. Moved by Kahn, seconded by Braiman, to pass Ordinance ORDINANCE #91-78 #91-78, Authorizing the Disposal of Surplus Village (Surplus Property) Personal Property. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Kahn, Rubin, Braiman, Hendricks President Mathias NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. 8214 9/16/91 Moved by Kahn, seconded by Braiman, to pass Ordinance ORDINANCE #91-79 #91-79, Granting a Variance from Section 17.32.020 for the (Zoning) purpose of constructing a swimming pool that would exceed the 20% rear yard coverage requirement - 421 Caren Drive.Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Kahn, seconded by Braiman, to pass Resolution RESOLUTION #91-72 #91-72, Requesting the County of Cook to not Collect the (Not to Collect) Loss in Collection on Taxable Property in the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Kahn, seconded by Braiman, to pass Resolution RESOLUTION #91-73 #91-73, Requesting the County of Lake to not Collect the (Not to Collect) Loss in Collection on Taxable Property in the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Kahn, seconded by Braiman, to pass Resolution RESOLUTION #91-74 #91-74, Commending Rose Green for Service to the Village (Commending Rose of Buffalo Grove as a member of the Community Blood Donor Green) Commission, 1984-1991. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Kahn, seconded by Braiman, to Proclaim the week PROCLAMATION of October 6-12, 1991 as Fire Prevention Week in the (Fire Prevention Village of Buffalo Grove. Upon roll call, Trustees voted Week) as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. 8215 9/16/91 Moved by Kahn, seconded by Braiman, to Award the Bid - 1991 TREE 1991 Parkway Tree Replacement. Upon roll call, Trustees REPLACEMENT voted as follows: (Award of Bid) AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Kahn, seconded by Braiman, to Approve Aptakisic APTAKISIC RD. WATER Road Watermain Project Easement Agreement - Parcel 31. MAIN Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Kahn, seconded by Braiman, to Approve the Final DEERFIELD BAKERY Plat of Subdivision and Development Improvement Agreement (Final Plat DIA) - Deerfield Bakery. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Kahn, Rubin, Hendricks NAYES: 0 - None ABSTAIN: 1 - Braiman ABSENT: 1 - Reid Motion declared carried. Mr. Balling reviewed subject sign, details of which are ORDINANCE #91-80 contained in Mr. Hruby's memo to him of September 9, 1991. (Sign Code variance) Moved by Marienthal, seconded by Rubin, to pass Ordinance #91-80, granting variances from sections 14.20.030 and 14.20.090 of the Buffalo Grove Sign Ordinance as it relates to a Wall Sign for Blockbuster Video, Half Day Road. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Rubin, seconded by Kahn, to authorize bid for the GOLF COURSE Buffalo Grove Golf Club stem Irrigation Sy stem,y details of IRRIGATION SYSTEM which are contained in Mr. Weyrauch's memo to Mr.Balling of September 12, 1991. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. 8216 9/16/91 Moved by Rubin, seconded by Kahn, to pass Ordinance ORDINANCE #91-81 #91-81, authorizing an Appropriation Transfer for FY1991 (Appropriation within the Village's Buffalo Grove Golf Club Fund for transfer) Capital Purposes as it concerns the Buffalo Grove Golf Course Irrigation System, details of which are contained in Mr. Brimm's memo to Mr. Balling of September 4, 1991. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Trustee Rubin stated that he will not participate in the WOODSTONE TOWNHOMES following discussion, since his law firm represents the townhome association. Mr. Balling reviewed this situation, details of which are contained in Mr. Hruby's memo to him of September 12, 1991. Trustee Marienthal pointed out that he believes the Village has always been a leader in the area of building codes, and does, in fact exceed the BOCA code in many instances. Don Torres, President of Woodstone Townhome Association, commented on recent events. President Mathias stated that the Village will continue to monitor the situation. Mr. Balling read the following comments from Trustee Reid into the record: I am not able to attend tonight's Village Board meeting, but I do have some observations on this item that I want to share with the Board. I believe that the situation that we are considering now, i.e. residential property flooding, as a result of the encroachment and deterioration of the drainage easement in the area of Bernard and Belaire Court is symptomatic of a condition that we, the Village, have already experienced in the Cambridge subdivision and a condition that will increase if we continue to ignore it. Homeowners have been allowed to alter the topography of the drainage easement by placing outbuildings in the �./ easement area, constructing fences, planting shrubs, and hauling in dirt to fill in the yard into the easement area. These practices have, in some cases, substantially altered the initial engineering of the subdivision. I do not feel that the existing policy, Resolution #78-12, is sufficient. The last three sentences in the first example of the drainage to find the Village responsibility for "maintenance guarantees" of an easement. However, the last sentence shifts the easement responsibility to the 8217 9/16/91 private property owner. This is confusing and inconsistent. Also, the policy is out of date with the current administrative structure of the Village. The third example of a drainage improvement policy refers to the Village Board of Local Improvement. Among the questions we need to consider are: 1. Can the ZBA monitor some of these conditions in their consideration of rear yard fence and outbuilding variations. 2. Can we begin a public information education program and make homeowners more aware of the need for these drainage easements and the potential liability for encroachment. 3. Can the staff, now that their attention to the new construction is waning, devote some time and attention to this problem. If we, as a Village, do not pay some attention to this problem now, we will experience a deterioration in our neighborhoods and will result in a decline of property values. Mr. Balling commented on this situation, details of which are contained in his memo to the Board of September 10, 1991. Discussion on methods to resolve this situation followed. It was determined that the best way to handle this would be to educate residents as to exactly what can happen when they alter the topography of their property. Staff will evaluate various methods of educating residents and report back to the Board. Mr. Balling reviewed the request for authorization to AUTHORIZATION solicit bids to replace the 1982 50' aerial bucket lift, TO BID details of which are contained in Mr. Rigsby's memo to him of September 6, 1991. Moved by Rubin, seconded by Braiman, to authorize bid for a 50' Aerial Bucket Lift replacement. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Mr. Szymborski reviewed this situation for the Board, WHISTLEBLOWING details of which are contained in his memo to Mr. Balling of September 12, 1991. 8218 9/16/91 After discussion, it was moved by Rubin, seconded by Kahn, that staff attempt to arrange public meetings jointly with the Transportation Commission and the Plan Commission (subcommittees of those commissions) , and if possible, to arrange those meetings in close proximity to the location of the crossings in question, and that the public bodies, Wisconsin Central, etc. , be invited and asked to participate, and then for the Village Board to receive feedback and recommendation from those minutes before deciding; written opinions from the Fire Chief, the Police Chief, and the Village Attorney shall be included in the recommendation. Sarae Nagel, 2932 Whispering Oaks, asked about obtaining gates for intersections not gated. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Rubin, seconded by Kahn, to move to Executive EXECUTIVE MEETING Meeting to approve previous Executive Meeting minutes. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Reid Motion declared carried. Moved by Kahn, seconded by Rubin, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 8:48 P.M. �anet M. Sirabian APPROVED BY ME THIS `t'+-L DAY OF , 19 . -'Village i n