1984-09-17 - Village Board Regular Meeting - Minutes 6474
9/17/84
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, SEPTEMBER 17, 1984.
President Clayton called the meeting to order at 7:31 P.M. Those CALL TO ORDER
present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal, Stone, O'Reilly, Hartstein, Glover, and Reid.
Also present were: James Doyle, Assistant Village Manager; William
Raysa, Village Attorney; William Brimm, Finance Director; Gregory
Boysen, Director of Public Works; Raymond Rigsby, Superintendent of
Public Works; and Paul Kochendorfer, Village Treasurer.
Moved by Hartstein, seconded by O'Reilly, to approve the minutes APPROVAL OF
of the September 10, 1984 Special Meeting. Mr. Raysa pointed out MINUTES
that there was an error on Ordinance #84-58, which should be
corrected in the original Ordinance; the correction is that the
Chapter number should be 5.56 rather than 5.52. It was also
noted that there was a typographical error in the second line of
the paragraph regarding Ordinance #84-58, where the word should
be "precious" rather than "previous". Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSTAIN: 1 - Reid
Motion declared carried.
Mr. Kochendorfer read Warrant #534. Moved by Marienthal, seconded WARRANT #534
by Glover, to approve Warrant #534 in the amount of $181,082.48
authorizing payment of bills listed. Trustee Marienthal asked a
question regarding the Warrant, which was answered by Mr. Brimm.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton noted that Roselle had applied for membership NWMC
in the Conference, and a vote was taken at the September meeting,
and they were accepted. Also, a letter was received from Bartlett
applying for membership, and a vote on that letter will be taken
at the October meeting.
President Clayton stated that the Solid Waste report had been SOLID WASTE
given, and each community was asked to consider the NWMC Solid
Waste Plan, and pass a Resolution indicating that the Village of
Buffalo Grove would participate in the implementation of the plan;
if such a Resolution were to be passed, the Village would be asked
to appoint one elected official and one appointed official to
represent the Village on the Conference Solid Waste Implementation
Team, and the Resolution also indicates that participation in the Plan
does not commit or bind the municipality to membership in the Solid
Waste Management Agency once it is created. This subject will be on
the agenda for the first meeting in October.
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A Resolution was passed in support of HR 4103 having to do with RESOLUTION
Cable TV, and each municipality was also asked to pass a similar #84-58
Resolution. A copy of the proposed Resolution is on the dais this (Cable TV)
evening; Trustee Stone commented on same. Moved by Stone, seconded
by Reid, to pass Resolution #84-58 in support of HR 4103 regarding
Cable TV. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Another item at the NWMC meeting was the ICC ordering Commonwealth COMMONWEALTH
Edison to eliminate franchise payments to municipalities; Mr. EDISON
Brimm has been following that proposal, and he then gave a brief
report on same.
Trustee O'Reilly reported that, at the last Park District Board PARK DISTRICT
Meeting, the Board voted to spend $10,000 for a consultant to get
a master plan of parks, and for grant applications.
Trustee Stone reported that it appears that the Village will be CABLE TV
able to work out a franchise agreement with American Cable, and
he noted some of the new things that will be offered. Assuming
that all language can be worked out and agreement can be reached
in time, the item is tentativelyscheduled to be on the agenda
for the October 1, 1984 Board meeting. Trustee Stone stated that
American Cable has a much more aggressive marketing technique,
and they will do some intense advertising to the Community.
President Clayton thanked Trustee Stone for all the time he has
put into this endeavor.
President Clayton noted that Mr. Balling is not present tonight, ACTING
and that Mr. Doyle is the Acting Village Manager in his absence. VILLAGE MANAGER
Mr. Doyle presented the Management Report for August, 1984. MANAGEMENT
Trustee Marienthal had a question regarding gasoline consumption; REPORT
Mr. Rigsby will check into same, and submit a report to the Board.
Mr. Doyle reported that there will be no meeting on Monday, FUTURE AGENDA
September 24, 1984, and the next scheduled meeting will be a
Regular Meeting on October 1, 1984.
Mr. Doyle reviewed Mr. Balling's memo to the President and Board ZALE CONSTRUC-
of Trustees of September 13, 1984 regarding Proposed Mortgage TION (IDB
Revenue Bond for Zale Construction Company. Mr. Larry Freedman, Application)
attorney representing Mr. Zale stated that they have no problem
with providing periodic reports; they have no problem with pro-
viding the $100 per month per unit rent subsidies; they would
want these provisions to be part of a covenant separate from
the Bond Ordinance. They would be willing to include face brick
in the materials, but they would like the Inducement Resolution
to include an additional amount of $300,000; Mr. Zale stated that
this increase would not increase the rents. Mr. Doyle then reviewed
Mr. Brimm's memo to Mr. Balling of August 27, 1984 regarding
Windbrooke Apartments (Zale Multiple Family IDB) .
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The final review by Mr. Doyle was of Mr. Brimm's memo to Mr.
Balling of September 13, 1984 regarding the Financing Memorandum -
Zale Enterprises Industrial Revenue Bond regarding Mr. Norene's
Phase I Financing Memorandum regarding the project. It is Mr.
Norene's opinion that the Village should proceed with the adoption
of the Inducement Resolution and Memorandum; however, he is also
recommending that Bond Ordinance be made contingent upon the
knowledge that both principal and interest on the Industrial Revenue
Bonds would be guaranteed as to their payment the life of the debt
by a major insurance company, or have a comparable form of credit
guaranteed by the developer personally.
Mr. Doyle stated that the purpose of the status report was to resolve
some of the questions raised at the last meeting. In answer to a
question from Trustee Stone, Mr. Zale and Mr. Freedman confirmed
that the subsidy would be $100 per month per unit. In answer to a
question from Trustee O'Reilly, Mr. Zale stated that he is allowed
to sell the entire project at any time, but that any successor
would be bound by the same agreements as Mr. Zale is bound by.
There was again discussion regarding the guidelines for the
reduced rentals. Mr. Raysa asked the exact amount of bond issuance
being requested. Mr. Freedman stated that they are asking that the
amount be amended to $11,800,000. President Clayton confirmed that
the Resolution would be amended and brought before the Board at the
October 1, 1984 Regular Meeting. The covenants and agreements will
not be ready for presentation at the October 1, 1984 meeting, and Mr.
Raysa explained the reasons for same. Mr. Doyle pointed out that,
what will be brought before the Board on October 1, 1984, is just
an amended Inducement Resolution; Mr. Raysa noted that the Induce-
ment Resolution contains the wording "upon mutual agreement of the
parties" which is protection for the Village.
President Clayton stated that Mr. Hefler could not be present RESOLUTION
this evening, and she stated that he was very pleased that the #84-59
Board was honoring him in this manner; President Clayton also
noted that a plaque would be presented to Mr. Hefler in honor
of his 10 years of service on the ZBA. Moved by Marienthal,
seconded by Reid, to pass Resolution #84-59, commending Herman
Hefler for his service on behalf of the Village of Buffalo Grove
as a member of the Zoning Board of Appeals from 1974-1984. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience; there were none. THE AUDIENCE
President Clayton explained the Consent Agenda, and stated that CONSENT AGENDA
any member of the audience or the Board could request that an
item be removed for full discussion; there were no such requests.
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9/17/84
Moved by O'Reilly, seconded by Stone, to pass Ordinance #84-59, ORDINANCE
an ordinance Authorizing the Sale by Public Auction of Personal #84-59
Property Owned by the Village of Buffalo Grove. This ordinance (Public Auction
lists the items of equipment as surplus and authorizes their sale
by public auction on October 13, 1984. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton proclaimed the week of September 16 - 22, 1984, PROCLAMATION
as Cystic Fibrosis Week in Buffalo Grove. Moved by O'Reilly, (Cystic
seconded by Stone, to concur with President Clayton's proclama- Fibrosis Week)
tion. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton proclaimed the week of September 17 - 23, 1984, PROCLAMATION
as Constitution Week in the Village of Buffalo Grove. Moved by (Constitution
O'Reilly, seconded by Stone, to concur with President Clayton's Week)
proclamation. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton proclaimed Wednesday, October 3, 1984, as PROCLAMATION
Illinois Employee Fitness Day in the Village of Buffalo Grove. (Illinois
Moved by O'Reilly, seconded by Stone, to concur with President Employee
Clayton's proclamation. Upon roll call, Trustees voted as Fitness Day)
follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to approve the Development CORPORATE
Improvement Agreement for the Corporate Grove. The Village GROVE (DIA)
Engineer recommends approval of the Development Improvement
Agreement and bond for the initial phase of the subject project.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to approve the Grant of CORPORATE GROVE
Easements for the Corporate Grove Off site Sanitary Sewer. The OFFSITE SANITARY
Village Engineer recommends approval of this Grant of Easement. SEWER (Grant of
Upon roll call, Trustees voted as follows: Easements)
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
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Moved by O'Reilly, seconded by Stone, to approve the Declaration COVINGTON MANOR
of Condominium for Covington Manor Covenants. The Village Attorney (Declaration of
has reviewed and recommends approval of the Declaration of Condo- Condominium
minium for the subject project. Upon roll call, Trustees voted Covenants)
as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to approve the Appearance QUE PASA
Commission recommendation for Que Pasa (Plaza Verde) architecture/ (aesthetics)
materials, lighting/colors. The Appearance Commission recommends
approval of these aesthetic elements of the subject project. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to approve the Appearance AMOCO OIL
Commission recommendation reference Amoco Oil (Buffalo Grove Road (aesthetics)
and McHenry Road) architecture/materials and lighting. The
Appearance Commission recommends approval of these aesthetic elements
of the subject project. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to approve the Appearance COVINGTON MANOR
Commission recommendation reference Covington Manor - revised sales REVISED SALES
office and four unit model architecture/materials. The Appearance OFFICE & FOUR
Commission recommends approval of these aesthetic elements of the UNIT MODEL
subject project. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton appointed the following people to a Housing RESOLUTION
Advisory Committee: Steve Goldspiel, George Krug, Bud Gibbs, #84-60
Bill Anderson, Mike Speziale, Bill Brimm, and Frank Hruby. (Housing
Moved by O'Reilly, seconded by Reid, to concur with President Advisory
Clayton's appointments. Upon voice vote, the motion was Committee)
unanimously declared carried. Moved by Reid, seconded by O'Reilly,
to pass Resolution #84-60, establishing a Housing Advisory Committee.
Upon voice vote, the motion was unanimously declared carried.
Mr. Doyle reviewed the proposed variation to the Zoning ZONING
Ordinance pertaining to Lot 41 in the Buffalo Grove Commerce ORDINANCE
Center. VARIATION
Mr. Sam Bodenstein of 3070 Pheasant Creek Drive in Northbrook
asked that the Board notify all contract purchasers in LeParc
so that they may come to a Board meeting and voice their opinions
regarding the proposed variation. President Clayton pointed out
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had delayed twice so that the contract
that this item been a t c
Y
purchasers could be notified, although the Village has no legal
requirement to notify them. A contract purchaser asked why the
building would be a 2-story; Mr. Doyle explained. The same person
also stated that the 25' lights were too high, and would be
annoying to LeParc residents.
Trustee Hartstein stated that the ZBA afforded LeParc residents
more protection than they were required to, because they insisted
on intense landscaping and berming, as well as makingsure that
III P g
the lights were well shielded.
Trustee Stone stated that, although the ZBA did require more
protection for LeParc residents, it still does not justify placing
a parking lot so close to residential units. Mr. Mark Grondin,
representing County Line Partners, stated that he was at the ZBA
meeting, and they were concerned about lighting protection, and
they said the lighting must be sharp cutoff, and also face east
only.
Trustee Glover commented on the fact that this is a newly plotted
lot, and asked for an explanation on the realignment of the roadway;
Mr. Grondin provided explanation. Lengthy discussion took place
regarding landscaping, lighting, parking, and the necessity of
granting a 60% variance because of hardship on a newly plotted lot.
Moved by O'Reilly, seconded by Glover, to refer this item back
to the ZBA for further review, and also with a request that all
contract purchasers in LeParc be notified. Further discussion
followed. Trustee Hartstein stated that he thinks that it is the
obligation of the Board to deal with this issue at this meeting.
Another possible solution suggested by Trustee Hartstein was that
the developer meet with the residents of LeParc to try and come up
with an amicable solution for all parties involved; and after a
compromise is reached, they would come back to the Village Board
for a decision. Trustee O'Reilly then suggested that a complete
presentation be made to the Village Board. It was then determined
that the Village would send a letter of notification to all residents
and contract purchasers in LeParc. Trustee O'Reilly amended the
motion that the rehearing be by the Village Board. The Board would
like to see architectural elevations of the building, landscaping
of the border in question; Mr. Grondin stated that he is willing to
proceed on that basis. Trustee O'Reilly withdrew her motion. It
was then moved by O'Reilly, and seconded by Glover, to defer this
/ item. President Clayton stated that someone from the Appearance
v Commission should be present when this item is again brought before
the Board. Trustee Hartstein reiterated his suggestion that the
developer meet with the residents and future residents of LeParc in
order to come to a compromise. It was determined that this item would
be on the agenda for the October 15, 1984 Regular Meeting; Mr. Grondin
was agreeable to that date. Upon voice vote, the motion was unanimously
declared carried.
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President Clayton declared a recess from 9:35 P.M. until 9:43 P.M. RECESS
Mr. Doyle referred to Mr. Boysen's memo to Mr. Balling of WELL #6
September 14, regarding Well Number Six Repair - Review of Sub- REHABILITATION
mersible Pump Characteristics, which answers the questions
brought up by the Board when this subject was lastdiscussed.
There was a great deal of discussion regarding a warrantee or
guarantee. Mr. Boysen said that he does not know of anyone that
will guarantee the installation of the pump; it will be guaranteed
once it is installed and operating, but not during installation;
there was concern that the contractor is not responsible for
workmanship. Trustee O'Reilly asked Mr. Boysen if he is satisfied
with the proposed contractor; Mr. Boysen answered that he is, and
that he has contacted a number of references and is satisfied with
the contractor's reputation.
Moved by O'Reilly, seconded by Hartstein, to approve the staff
recommendation as outlined in Mr. Boysen's September 14, 1984,
memo to award a contract to Layne-Western Company in the amount
of $81,842.00. Mr. Boysen pointed out that, if problems arise
during installation, there could be added costs. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Reid, seconded by Glover, to adjourn the meeting. Upon ADJOURNMENT
voice vote, the motion was unanimously declared carried. The
meeting was adjourned at 10:04 P.M.
Janet-M. Sirabian, Village Clerk
APPROVED BY ME THIS 14 DAY
OF CSc k . , 1984.
Village Presiders