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1987-08-17 - Village Board Regular Meeting - Minutes 7194 8/17/87 MINUTES OF A REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, AUGUST 17, 1987. President Clayton 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 Clayton; ROLL CALL Trustees Marienthal, Glover, Reid, Shields, Kowalski, and Shifrin. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Richard Kuenkler, Village Engineer; Raymond Rigsby, Superintendent of Public Works; and Paul Kochendorfer, Village Treasurer. Moved by Marienthal, seconded by Reid, to appoint Carol CLERK PRO TEM Tenerelli Clerk Pro Tem in the absence of the Village Clerk. Upon voice vote, the motion passed unanimously. Moved by Glover, seconded by Reid, to approve the minutes of APPROVAL OF the August 3, 1987 Regular Meeting. Upon roll call, Trustees MINUTES voted as follows: AYES: 5 - Marienthal, Glover, Reid, Kowalski, Shifrin NAYES: 0 - None ABSTAIN: 1 - Shields Motion declared carried. Mr. Kochendorfer read Warrant #603. Moved by Glover, seconded WARRANT #603 by Marienthal, to approve Warrant #603 in the amount of $1,105,003.85, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. President Clayton stated that Trustee Shifrin has been chair- CONSTITUTION ing the Village's Committee to Commemorate the U. S. COMMITTEE Constitution; he would like to say a few words about the Committee; and would like to invite everyone to sign a replica of the Constitution in celebration of the anniversary of this historic document. Trustee Shifrin stated the Committee began meeting in February and basically tried to decide the best and most appropriate way iJ to commemorate the 200th anniversary of the establishment of the U. S. Constitution; he recognized the committee members present stating that Susan Weidenfeld was responsible for coordinating and producing the concert held on July 3rd with the Buffalo Grove Concert Band and Maureen Stolman coordinated all the activities with the school districts of Buffalo Grove so that each had an appropriate celebration. They are in the processing of recording historical minutes with various residents of the Village which they hope will be shown on Cable TV beginning September 17th; the large replica of the U. S. Constitution 7195 8/17/87 is available this evening for the first official signing. The replica will be available at various places and locations for signing and particularly for Buffalo Grove Days. Trustee Shifrin thanked all the members of the committee for their contribution and Adam Moodhe who was the Public Relations coordinator. President Clayton thanked Trustee Reid who has been the liaison to the committee and invited all to participate in the signing of the replica of the U. S. Constitution. Mr. Balling noted the submission of the Management Report MANAGEMENT for July, 1987; there were no questions on same. Trustee REPORT Glover stated he liked the format the Police Department is using on their reports and suggested that if the Fire Department revises their report that they use a similar format. Mr. Brimm briefly highlighted the cash investment policies for VILLAGE INVEST- the Board reviewing his memo to Mr. Balling dated June 4, 1987 MENT & CASH which is on file in the Clerk's office. Mr. Balling stated MANAGEMENT that from a staff standpoint the investment and cash manage- POLICIES ment policies are performing well. In response to a question from Trustee Glover reference how the institutions or funds selected for investment are chosen, Mr. Brimm stated the remaining funds, outside of the Police and Fire Pension Funds, are deposited in local institutions, the Bank of Buffalo Grove, Buffalo Grove Continental Bank, and First American Bank of Lake County. There is also a significate amount invested with the Illinois State Treasurers Pool. Mr. Brimm stated the goal is to keep the funds in an investment type media that is fully collateralized to fully protect the assets of the Village; the Finance Director makes the decision as to which financial insti- tution has what funds. Mr. Balling stated that he has been requested to explain to REPORT ON USE OF the community the use of two chemicals the Village uses in MALATHION AND our maintenance program, malathion used for treatment of CYTHION insect infestations of parkway trees and cythion used for mosquito abatement. The request received was for a review of the policies and practices with respect to these two chemicals and he has provided the Board with background informa- tion and a report from Superintendent Rigsby concerning same. Mr. Balling stated that both chemicals are important to our maintenance program. Mr. Rigsby stated that he has not received any other requests or has there been questions rasied by other residents. Mr. Balling stated Mrs. Fisher, the party interested in this issue, would like to present her point of view and position on this matter later on in the fall and would like this to appear as a regular item on the agenda for discussion. Mr. Balling will schedule this matter as a regular agenda item in November. Mr. Balling brought the Board up to date on the status of the FLOODING flash flooding impact on Buffalo Grove stating that he is very pleased with the overall performance of the drainage systems on the standpoint of design and standpoint of maintenance; that there was veryminimal livingarea property damaged which was particularly 7196 8/17/87 small in relation to adjoining municipalities. The two pockets of problems were the University Court area of which the Board has already addressed and the twin detention basin in Arlington Heights which caused severe street flooding on Arlington Heights Road just north of the high school and resulted in property losses in Buffalo Grove. Mr. Balling stated that he has requested the Village of Arlington Heights to review the maintenance program for their culverts and basins to determine if maintenance caused the overflow and failure, and to have our engineering department review the plans of these basins. Regarding other street conditions, St. Mary's/Marylu area had flooding and three detention basins exceeded their capacity and spilled over. Mr. Balling stated staff is satisfied the basins performed as designed and,even when they spilled over, they performed as designed and commended Dick Kuenkler and the engineering depart- ment; and also commended Ray Rigsby and the Public Works Department for keeping our systems viable. In response to a question from President Clayton, Mr. Balling stated reference the University Court issue, that the deed instrument is being negotiated between the attorneys at this point in time and they hope to have the deed conveyance ready for the September 8, 1987 Board Meeting and from that we would proceed to putting the financing and a program in the capital budget for next year. Mr. Balling stated that the Public Works Department, through co- operative efforts of Waste Management, picked up debris on the streets, depositing it in a 30 yard box provided by Waste Manage- ment; the waste hauler was under a tremendous amount of stress due to the storm and the Village had an opportunity to help which was done. Basically the Village is pretty clean and relatively dry at this time. Trustee Shifrin stated that it is unfortunate that with all of the Village's hard planning to insure that we are properly managed that we have to suffer consequences of improper planning in adjacent communities. In response to a question from President Clayton, Mr. Balling stated that LeParc basin is full. Trustee Marienthal complimented staff on a job well done; he stated he has received a call from a resident in Wellington Hills and that they are still having a problem with one of the inlets; staff is looking into this. President Clayton stated all the efforts of staff were certainly appreciated and complimented them on the success of these efforts. Mr. Balling stated that he has received a request from Mr. LOT 9006 Freedman, representing Edward Schwartz, reference Lot 9006 in the Villas of Buffalo Creek, that the Board give some consideration to a motion to reconsider the action of last week; basically Mr. Freedman questions how the issue of Lot 9006 was treated as it relates to a platting action or a zoning action. The Village feels it was treated as a zoning action and this is also the opinion of the Village Attorney. Board action was taken on the zoning not the plat action, but they want to argue the opposite. 7197 8/17/87 Moved by Shifrin, seconded by Reid, to reconsider the preliminary plan approval for Lot 9006. In response to a question from Trustee Glover for clarification, Mr. Raysa stated that he has not completed a full review, but in his opinion it is a zoning action, that the request is so that they can also state their case, so that by reconsidering we could hear his views and also would give Mr. Raysa a chance for a full review; this would also clarify the record. After discussion, Trustees voted as follows on the motion: AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin NAYES: 1 - Kowalski Motion declared carried. This item will be on the September 8, 1987 agenda for reconsideration. Marc Schwartz, representing the Town Center,reniinded the Board TOWN CENTER and staff of the ground breaking ceremonies tomorrow morning on the site at 8:30 A.M. Mrs. Alice Dorociak and Mr. Bud Armstrong, Village residents, ANIMAL CONTROL stated that the home on Hiawatha with the large amount of dogs still have not complied with Village ordinances and still have the large amount of dogs. Mr. Raysa has spoken with Mr. Sandler and brought the Board up to date on the status of this problem. In response to a question from the Board, Mr. Raysa stated that our current ordinance does not provide for removal of the dogs; that it will take a ruling from the chancery court to do so; and that within a week he will file such a request with this court. President Clayton explained the Consent Agenda, and stated that CONSENT AGENDA any member of the Board or the audience could request that an item be removed for full discussion. There were no such requests. Moved by Marienthal, seconded by Glover, to approve Resolution RESOLUTION #87-41, a resolution approving the Commonwealth Edison Recrea- #87-41 tion Lease to accommodate the Village's bikepath system through (Com. Ed. Lease) Old Farm Village. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Glover, to accept the Motor MOTOR FUEL TAX Fuel Tax Audits for calendar years 1984 and 1985. Upon roll AUDITS - 1984 call, Trustees voted as follows: AND 1985 AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. 7198 8/17/87 Moved by Marienthal, seconded by Glover, to approve the CEDAR VIEW Certificate of Final Acceptance for Cedar View, Unit 3, UNIT 3 Covington Manor. The Village Engineer recommends approval. COVINGTON MANOR Upon roll call, Trustees voted as follows: (Final Acceptance; AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. l J Moved by Marienthal, seconded by Glover, to approve the SPOERLEIN FARM Certificate of Final Acceptance for Spoerlein Farm, Units UNITS 1 & 2 1 and 2. The Village Engineer recommends approval. Upon (Final Acceptance) roll call, Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the HIGH POINT PLAZA Certificate of Final Acceptance with attending conditions (Final Acceptance) for High Point Plaza. The Village Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the Final CONGREGATION Plat of Subdivision and attending conditions along with a B'NAI SHALOM Development Improvement Agreement for Congregation B'Nai (Final Plat of Shalom. The Village Engineer recommends approval. Upon roll Subdivision & call, Trustees voted as follows: DIA) AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the Final GROVE TERRACE Plat of Subdivision and attending conditions along with a (Final Plat of Development Improvement Agreement for Grove Terrace. The Subdivision & Village Engineer recommends approval. Upon roll call, Trustees DIA) voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the Final THE WOODLANDS Plat of Subdivision and attending conditions along with a AT FIORE Development Improvement Agreement for The Woodlands at Fiore. (Final Plat of The Village Engineer recommends approval. Upon roll call, Subdivision & Trustees voted as follows: DIA) AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. 7199 8/17/87 Moved by Marienthal, seconded by Glover, to approve the Final BUFFALO GROVE Plat of Subdivision and attending conditions along with a TOWN CENTER Development Improvement Agreement for Buffalo Grove Town UNIT I Center, Unit I. The Village Engineer recommends approval. (Final Plat of Upon roll call, Trustees voted as follows: Subdivision & AYES: 6 - Marienthal, Glover,Reid, Shields, Kowalski, Shifrin DIA) NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the Final WOODSTONE Plats of Resubdivision for Woodstone Townhomes, Lots 9, 11 and TOWNHOMES 12. The Village Engineer recommends approval. Upon roll call, LOTS 9, 11 & 12 Trustees voted as follows: (Plats of Re- AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin subdivision) NAYES: 0 - None Motion declared carried. Mr. Brim presented the tax levy ordinance for calendar 1987 ORDINANCE #87-55 reviewing for the Board his memo of July 29, 1987 to William (Tax Levy) Balling, stating that the total amount of money requested for the gross levy is $6,967,491 which is an increase of only 2.66% 1 over last year. Moved by Shields, seconded by Glover, to pass Ordinance #87-55, an ordinance authorizing the levy and collection of taxes for FY-1987-1988. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by Reid, to approve Resolution #87-42, RESOLUTION #87-42 a resolution requesting Cook County to not collect the loss in (Taxes - Cook collection on taxable property in the Village in addition to County) those levies requested by the Village in Ordinance #87-55. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Moved by Shields, seconded by Marienthal, to approve Resolution RESOLUTION #87-43 #87-43, a resolution requesting Lake County to not collect the (Taxes - Lake loss in collection on taxable property in the Village in addition County) to those levies requested by the Village in Ordinance #87-55. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Mr. Balling reviewed the request of the LeParc Homeowners LePARC Association for the Village to consider reduced sale of volume water to the association to fill their retention ponds; during these discussions several issues were raised concerning the punch list items that remain with the Board requesting the status of the punch list. Because of the rain, the water purchase is no longer an issue. Ms. Gaul stated that if the pond fix does v 7200 8/17/87 not work the issue could come up again. President Clayton stated that if the issue does come up again, to contact the Village Manager's office and have it be an agenda item. Mr. Balling stated that as part of the Village's responsibility, that we would continue to monitor and measure the levels of the pond. He further stated that reference the punch list that Dick Kuenkler did contact both Anden Corporation and the attorney for LeParc Association and that the desire is to resolve these matters outside of court if feasible. Mr. Carl Better of LeParc stated u t t �•/ that in their lawsuit they have a number of other issues over and and beyond the Village's punch list. Mr. Balling stated that staff willpursue further implementation of the punch list and P presumably the owners of the Association and Anden will continue their discussions. In response to a question from Trustee Marienthal, Mr. Kuenkler stated that if it does not rain a considerable amount, he would be able to ascertain if the lake is fixed properly within 30 days. Trustee Marienthal then requested staff to provide the Board with a status report in 30 days. Mr. Balling stated that it has come to his attention that several REAR LOT lot owners in the Astor Place Subdivision where the rear lots GRADING are smaller, desire to flatten out their rear yards to make them more useable; that our ordinances do not address the filling in of this small of a volume; that owners have requested that they be allowed to fill all the way up to the property line; and that he has instructed them that we do not want the easement filled. Mr. Balling stated this has raised an aesthetic issue as well as a drainage issue and staff is looking for direction from the Board. Trustee Shifrin stated that he is sympathetic with the problem and feels there should be some kind of a solution worked out with the property owners. Trustee Marienthal expressed concern with fence height when timbers and backfill has been put in and then a fence is placed on top of the timber, so in essence there could be a more than 6 foot high fence from grade. Trustee Glover agrees with Trustee Marienthal as far as the fence height is concerned and feels the height of the retaining wall should be included in the overall fence height if a fence is erected on top of it; he is also concerned about structural integrity, the problem with maintenance and possible failures of them; he feels the Building Department should review them to see that they are designed properly; and he also expressed a concern about erosion with water rushing over the top of the walls. Trustee Glover also feels that the Appearance Commission should review any requests for proper screening from adjoining properties; that they should not be allowed on utility easements; and that fill should not be allowed up to the property line which could create a hardship on adjoining properties. Trustee Shields agreed with Trustee Glover and feels some kind of formula could be developed to prohibit the 4' wall plus a tall fence on top of it. 7201 8/17/87 Trustee Reid concurs with the comments made; he is willing to address the question, but would like to consider something in a more tangible form. Mr. Raysa stated that there are two issues involved, a drainage issue and also the fence issue. The current fence code states that anything above five feet there has to be a variance granted by the ZBA, there is no upper limit on the variance, and that the total picture should be looked at and taken into consideration. After discussion, President Clayton stated that it is the concensus of the Board that they are willing to look at some kind of recommendation from staff; staff will return to the Board with a recommendation. Moved by Glover, seconded by Reid, to move to Executive Meeting EXECUTIVE to discuss litigation and employment matters. Upon roll call, MEETING Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Glover, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion passed unanimously. The meeting adjourned at 8:45 P.M. Carol M. Tenerelli, Clerk Pro Tem APPROVED BY ME THIS DAY OF � , 1987. Village resident