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1982-08-02 - Village Board Regular Meeting - Minutes 6069 8/2/82 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, AUGUST 2, 1982. President Clayton called the meeting to order at 7:32 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, and Gerschefske. Trustee Schwartz was absent. Also present were: William Balling, Village Manager; James Doyle, Assistant Village Manager; William Raysa, Village Attorney; William Brimm, Finance Director; Gregory Boysen, Director of Public Works ; Richard Kuenkler, Village Engineer; Frank Hruby, Director of Building & Zoning; Raymond Rigsby, Super- intendent of Public Works; James Truesdell , Village Planner; and Paul Kochendorfer, Village Treasurer. Moved by Hartstein, seconded by Gerschefske, to appoint Carol CLERK PRO TEM Hennenfent Clerk Pro Tem in the absence of the Village Clerk. Upon voice vote, the motion was unanimously declared carried. Moved by O'Reilly, seconded by Marienthal , to approve the minutes of the July 19, 1982 Regular Meeting with the following correction made by Trustee Marienthal : On Page 6064 under Executive Session add this sentence: APPROVAL OF "Trustee Marienthal stated that he also was not notified MINUTES of the Executive Session by Bill Balling the morning of July 6, 1982. " Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Mr. Kochendorfer read Warrant #483. Moved by Stone, seconded WARRANT #483 by O' Reilly, to approve Warrant #483 in the amount of $483,650. 16, authorizing payment of bills listed. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein , Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. President Clayton appointed Craig Levin to the Transportation TRANSPORTATION Commission for a term to expire April 30, 1983. Moved by COMMfISSION� Hartstein , seconded by O'Reilly, to concur with President Clayton 's appointment. Upon voice vote, the motion was unanimously declared carried. President Clayton introduced Mr. Levin to the Board and thanked him for his willingness to serve on this Commission. i i �1 I �I �� 6070 8/2/82 President Clayton read a Letter of Appreciation reference the FIRE & POLICE rescue operation on July 22, 1982 of a 12 year old youngster COMMENbATIONS from Buffalo Creek, and presented same to the following individuals: Sgt. Lester Aradi , Sgt. John Crimmins , Sgt. Stuart Parets, Corporal Kerry Kenney, Officer Anthony Gallagher, members of the Buffalo Grove Police Department; Captain James Hansen and Firefighter/Paramedic Joseph Wieser Jr. , Buffalo Grove Fire Depart- ment; and Firefighter/Paramedic Ken Reehoff and Firefighter/Paramedic l ; Harold Calvert , Arlington Heights Fire Department. Special Department �•/ Commendations were also presented to Paramedic Weiser and Sgt. Aradi . President Clayton reported to the Board that she has had discussions VILLAGE/PARK with Park Dlst,Pres.PrudyKnaak and that they have determined to CONFERENCE hold a Village/Park conference to discuss Master Planning of Parks, designating specific park sites and the type of parks that should be on our Master Plan, and also to discuss the administration of Title 19 specifically to talk about the goals , policies and the philosophy with which credit is given for Title 19 for the Park District. From the Village, President Clayton, Trustee Hartstein, Trustee Stone, and the Village Manager will be participating. From the Park District, President Knaak, Commissioner Bill O'Reilly, Commissioner Karen Larsen and Denny Delance will be serving at the conference. This will be next Monday evening, August 9, 1982 at 7:30 P.M. at the Village Hall in the conference room and is open to the public if anyone wishes to attend. Trustee O'Reilly stated that she wished to advise the Board that WATER POLICY the Water Policy Committee has reached some conclusions and COMMITTEE recommendations that will be coming to the Board on August 16,1982. There are approximately fifteen recommendations ; the most important aspect is perhaps the revenue profile that includes the water rates , flat fees, property taxes , and how the recommendations coming to the Board should be structured. The Committee will be meeting on August 11 , 1982 to finalize these recommendations and the entire committee will be coming before the Board on August 16th with all of the background information as to why they chose this particular revenue profile. The backup information will be provided to the Board prior to that meeting. President Clayton stated she realizes how many hours this Committee has put into the study and appreciates the time and effort expended. Trustee O'Reilly commended Bill Brimm for all the information provided to the Committee. Trustee O'Reilly reported on the snow removal ordinance that was RESOLUTION discussed at a prior meeting and stated that after receiving #82-37 information and reviewing ordinances that other communities have, -(Show removal) feels it is not practical to write an ordinance with all of the exceptions and exemptions that is needed. Therefore, she recommends a resolution encouraging residents to remove the snow and ice from their sidewalks in lieu of having an ordinance drafted. Trustee O'Reilly then read Resolution #82-37 and moved to approve, seconded by Hartstein, Resolution #82-37. In response to a question from Mr. Shuman in the audience, Trustee O'Reilly stated that the resolution is not mandatory, it is a policy resolution. 6071 8/2/82 Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. The Annual Report for the Fire and Police Commission was reviewed ANNUAL REPORT and presented to the Board by Clarke Walser, Chairman of the Fire (Fire & Police and Police Commission. Commission) Mr. Balling reviewed the request from the NWMC for a $500 NWMC UTILITY contribution from each of its members to intervene on behalf RATE INTERVENTIO of the conference municipalities to the pending case before the FUND Illinois Commerce Commission involving the Commonwealth Edison rate increase. The present proposal by Commonwealth Edison is to change the municipal billing rate to that of a commercial billing rate with the projections being a 19 plus increase to the munici- palities should the Commerce Commission grant the modification. It is not sure at this time whether the Conference will intervene, they do not have an August meeting, but have asked for a commit- ment from the municipalities prior to that date to ascertain if they should proceed. This request has been evaluated on a staff basis as best they can; and staff feels the risk to the potential costs to the municipalities if the rates should change, that a $500 retainer would be a reasonable response. While no specific item is budgeted, Mr. Balling stated that this could possibly come out of the legal budget or perhaps covered by some of the savings that was offset by not purchasing the fuel monitoring system. The request is to allocate this amount and put it aside should the request come and to formally notify the conference that we are prepared to do so. Trustee Marienthal expressed concern about this request and stated he would not support it based on the fact that private users would be subsidizing governmental agencies at a lower rate. Moved by Stone, seconded by Hartstein , to set aside the sum of $500 for the NWMC to hire an attorney should the conference be able to intervene in the Commonwealth Edison Rate case. Upon roll call , Trustees voted as follows : AYES: 4 - Stone, O'Reilly, Hartstein , Gerschefske NAYES: 1 - Marienthal ABSENT: 1 - Schwartz Motion declared carried. Mr. Balling reviewed his memo to the Board of July 29, 1982 CHECKER ROAD reference a proposal to have the Village participate in the SEAR OVER- oversizing of a sanitary sewer system to be installed in the SIZING Lake County portion of the Village to properly service the Trammel - Crow site located at Lake-Cook and Arlington Heights Roads. He stated that the Village Engineer has identified a strategy whereby the Village could pay a small proportionate share of the oversizing of that line and solve a large portion of our infiltration and inflow sewer problems that have been identified in the south Lake County 6072 8/2/82 portion of the Village. Mr. Balling reviewed the anticipated costs for participation and stated should the Board support this oversizing concept, it would be put into the SIA and be brought back before the Board at the next meeting or the first meeting in September. One stipulation is that Trammel Crow has requested that they be paid once the utility line is in and accepted. Mr. Balling answered various questions from the Board and requested a polling of the concept for Village participation in the Checker Road sewer oversizing. In response to a question from the Board reference if there is any way to amend the grant we have on file with the Federal Government to include this work, Mr. Boysen stated he does not feel it is possible but would check out this possibility. President Clayton polled the Board: "Yes" indicates favor of the Village participating in the oversizing of the Checker Road sanitary sewer; "No" indicates opposition : YES: Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NO: None This item will be on the agenda for August 16, 1982. Mr. Balling reported on the status of the sewer system evalua- IEPA STATUS tion survey stating that the document was completed and published REPORT in July of 1981 ; he has met with members of the Illinois EPA and reviewed with them the basic problems that are felt were impediments to the full approval of the report; that the IEPA fully understood and appreciated Buffalo Grove's position and assured him that some response would be coming within the next week. It appears that there is little question that the agency supports the Buffalo Grove position or cannnot contest it as being erroneous, but it is concerned on the precedent setting nature of an interpretation supporting the Buffalo Grove position. Mr. Balling feels the Village has satisfied all the informational needs that the agency had. Mr. Balling stated that he has received a request from Mr. Lloyd BUFFALO GROVE Fried of Buffalo Grove Datsun to refund his $1 ,000 cash deposit DATSUN� and reduce his $36,000 maintenance bond in order to free up that (Maintenance bond power for his fall inventory and for other business purposes. bond reduction) Ordinarily this type of request is not dealt with prior to the end of the 12 month period; however, due to the fairly critical economic times in the retail car business staff has re-evaluated the request and feels that we can reduce the maintenance and performance bond letter of credit by $25,000 and return the $1 ,000 cash deposit leaving approximately $1 ,400 in reserve for some front yard seeding and rear yard basin ground cover work. The $9,600 would still be reserved for the street lights which have not yet been installed. Mr. Balling stated that it is an unusual request and one which he would not ordinarily recommend to the Board, but thinks it is a situation with a local businessman who has made a reasonable request; that we are not dealing with problems with utility systems; that the improvements relate to aesthetics and the street lighting. After further discussion, Trustee O' Reilly moved, seconded by Gerschefske, to concur with the July 29th staff recommendation. Upon roll call , 6073 8/2/82 Trustees voted as follows: AYES: 3 - O 'Reilly, Hartstein, Gerschefske NAYES : 2 - Marienthal , Stone Motion declared carried. Mr. George Krug suggested that the Village invest in some WATER RESCUE rubber rafts and life jackets that are more conducive to water rescue than a canoe and further stated that the Coast Guard does provide direction on water rescue free of charge. President Clayton requested Mr. Balling to pass these comments on to the necessary departments. Mr. Neal Soll , 317 Dogwood Terrace, expressed concern over a FLOODING PROBLEM recent flooding problem on his property and asked if the Village can explain why they have been experiencing flooding in their basement. He stated a new sewage pipe was put in at the back of his property taking the runoff of the Schwaben Center and that perhaps this has something to do with his problem. Mr. Kuenkler stated that engineering has looked into the situation and feels the problem has nothing to do with the Schwaben Center property. President Clayton requested the engineering staff to look further into the matter and contact Mr. Soil with their findings. Mr. George Oslovich, 1015 Cambridge Drive, questioned Warner- EASEMENTS Amex using his easements for cable television. Mr. Raysa CATV stated that pursuant to the Village's cable communications order and the franchise agreement with Warner-Amex, that the Village gave to Warner-Amex any right of access to that easement that the Villagehas. It is the opinion of Mr. Raysa and several other of the municipal attorneys involved that by giving Warner- Amex what right we have to the use of the easement is satisfactory as long as we do not guarantee or warrantee the right of that easement. President Clayton stated that Mr. Raysa has explained the legal advice that he has given to the Board as the Village entered into the franchise agreement and any thing other than that would have to be determined in the courts. Mr. Oslovich stated that his yard has not been restored to its original condition. Staff will contact Mr. Oslovich to work out the problem and was assured that this problem will be corrected. 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. Moved by O'Reilly, seconded by Stone, to pass Ordinance #82-26, ORDINANCE amending Chapter 15.04 of the Buffalo Grove Municipal Code to F82-2b increase elevator inspection fees. The proposed amendment Trievator reflects increases in the cost of inspections. The recommended Inspection Fees) fees are comparable to those of other area municipalities. Upon roll call , Trustees voted as follows : AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. 6074 8/2/82 Moved by O'Reilly, seconded by Stone, to approve Resolution RESOLUTION #82-38, a resolution conveying Outlots A, B, and C of Highland #82-38 Grove Unit III to the Buffalo Grove Park District. The purpose (Conveyance of the resolution is to clarify the ownership status of Outlots to Park Dist.) A and B with Lake County, and to convey Outlot C to the Park District. The Park District has indicated that they will accept these properties. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Moved by O' Reilly, seconded by Stone, to award the bid for two AWARD OF BID undercarriage snow plow assemblies in the amount of $4,549 to flwo Under- Hoyle Road Equipment Company. Upon roll call ,Trustees voted carriage snow as follows : plow assemblies, AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Moved by O'Reilly, seconded by Stone, to award the bid for the AWARD OF BID 1982 Parkway Tree Replacement Program in the amount of $2,695 (1982 Parkway to Rolling Hills Nursery. Upon roll call , Trustees voted as tree replace- follows : ment program) AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Moved by O' Reilly, seconded by Stone, to approve the final ACCEPTANCE OF acceptance of the Steepleview Offsite Sanitary Sewer. Upon STEEPLEVIEW roll call , Trustees voted as follows : OFFSITE SANI- AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske TARY SEWER NAYES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. Moved by O' Reilly, seconded by Stone, to approve the acceptance SUFFIELD SIA of a new Subdivision Improvement Agreement for the Suffield Place Subdivision. The agreement is the same as the existing SIA for the property, but reflects change in ownership to United Develop- ment Company. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Trustee Hartstein reviewed the ordinance for Weeds, Grass, ORDINANCE #82-27 Refuse and Junk to exempt designated nature preserves from mowing 'Needs., Grass, requirements. Moved by Hartstein, seconded by Marienthal , to Refuse & Junk) approve Ordinance #82-27. 6075 8/2/82 Trustee O'Reilly expressed concern in not having a criteria for this designation and feels in the future there will be a need for some kind of criteria for this designation. Trustee Marienthal stated that criteria was put together for the Villas in their amendment to the annexation agreement. Mr. Balling stated that there will be a variety in these prairie areas that will be different from the Villas area. Upon roll call on the motion, Trustees voted as follows: AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Frank Hruby reviewed and explained the rationale and the need ORDINANCE #82-28 for Ordinance #82-28 which provides for the inspection and ( Inspection regulations of public spas. Moved by Hartstein, seconded by Regulations of Stone, to approve Ordinance #82-28, an ordinance providing for Public Spas) the inspection and regulations of public spas. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. Trustee Stone stated that the Board has already reviewed the ORDINANCE #82-29 annexation agreement amendment and asked for any further comments. (Annexation Mr. Truesdell stated that on page 3 of the agreement the dates Agreement referencing Exhibit B and C as June 29, 1982 should be July 1 , Amendment) 1982. In response to a question from the Board as to whether there are any concerns on the part of staff about detention, Mr. Kuenkler said there were none. The Continental Bank will continue police services as in the past. Moved by Stone, seconded by Gerschefske, to pass Ordinance #82-29. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Trustee Gerschefske reviewed the request by the Continental MONEY NETWORK Bank to appeal the Appearance Commission recommendation to deny SIGN (Continental the Money Network sign. Trustee Hartstein stated he feels it is Bank) an identification sign, not advertising, and that these locations should be able to identify themselves as part of a network that consumers can use their particular banking card at. Moved by Hartstein, seconded by Stone, that the money network sign as submitted to the Appearance Commission be approved and that the Appearance Commission be reversed on this particular denial . 6076 8/2/82 The bank officials feel that they have no other legal means to direct people where to go when the bank is closed to use this service. The sign is to be located outside the bank on the wall over the automatic teller, the north elevation of the building facing the front parking lot at an angle with Dundee Road. Lengthy discussion followed with the following comments being made by the Board. Trustee Hartstein - This service will be used by people who are not necessarily customers of this bank; that this particular kind of signage is more beneficial to our residents and the consuming public than it is to the bank itself; that it is a convenience. Trustee Marienthal - Feels the necessity for this sign might be more than the necessity for the Continental Bank of Buffalo Grove to be on the side of the building; therefore, thinks they could pick which sign they want more. Trustee Stone - Feels if they are going to have this service, they have to be able to let people know it is available; that this is their way of identifying it and that it should be allowed. Trustee O'Reilly - Feels it is advertising. Upon roll call on the motion, Trustees voted as follows: AYES: 2 - Stone, Hartstein NAYES: 3 - Marienthal , O'Reilly, Gerschefske ABSENT: 1 - Schwartz Motion defeated. Trustee Stone referenced Jim Truesdell 's memo of July 27, FENCE REQUEST 1982 on the fence request and stated it is a question of whether (Villas of or not the Village wishes to allow Levitt to lift their covenants Buffalo Creek) on their restrictions on fencing in the Villas : of Buffalo Creek. Mrs. Fliehman, who made this request , was present and asked that the restrictions to put up fences in this development be waived because of the view in the back of her property; there is no building taking place and it is an unsightly view from her rear yard. They do not wish to totally confine the yard , only a fence along the back. Trustee Marienthal stated he feels fencing of lots, especially along rear lot lines, defeats the concept of open space that was put togehter for this development and for the community as a whole and that this could become a precedent for this particular develop- ment. Trustee O'Reilly stated that this property does not back up to a prairie, but to a future building lot and feels consideration should be given to the future owners of the lot behind the property in question and the fencing should not be allowed because of that prospective owner who will be enclosed with that fence. Trustee Hartstein feels that this is not an unreasonable request, provided the developer takes steps to allow this type of thing in terms of the changes in the restrictive covenants. Trustee Stone stated 6077 8/2/82 he concurs with Trustee O' Reilly's feelings and said that one of the reasons that this originally was done was because of the density and layout of this particular development and feels it would restrict movement in this development unless possibly a temporary fence that would be agreed upon to be taken down at such time as the lots behind are developed. In response to a question from the Board, Mr. Raysa stated that in order to allow even a temporary fence the PUD would have to be amended as it does not allow any fencing at the present time; it could be done. Mrs. Fliehman stated they would not be happy with a temporary fence, but would settle for it. Moved by Stone, seconded by O' Reilly, that the Board deny the request to amend the PUD. Upon roll call , Trustees voted as follows : AYES: 3 - Marienthal , Stone, O'Reilly NAYES: 2 - Hartstein, Gerschefske ABSENT: 1 -Schwartz Motion declared carried. The request has been denied. Trustee Gerschefske stated he feels these people need some temporary relief and that the situation is not too different from single family homes; they own the property, it is not common elements , it is not joint ownership, it is difficult to live in that area. Trustee Gerschefske then moved, seconded by Hartstein , to permit these residents to put up a temporary fence until the lots adjacent to them are developed and to amend the PUD accordingly. Discussion followed reference the problems of requiring the fence q 9 to be taken down, other residents requesting temporary fencing; signing of an unconditional release for the fencing to be removed; permits stating subject to removal ; fences in the Village that are non-permitted and non-conforming still standing; the type of guarantee that the fence would be removed; and amendment of the PUD. Trustee Gerschefske amended his motion, seconded by Hartstein, to direct the Village Attorney to amend the PUD to permit this temporary fence on the property in question; that the fence will be taken down once the adjacent property has been built on with all the necessary information being sent to the property owners adjacent; existing property owners or any owner that the property would be sold to with the contract for removal being transferred with ownership. President Clayton requested, if it would be all right with the person making the motion, that perhaps a polling should be taken to see if the Board would like the Village Attorney and staff to prepare all the information, based upon all the comments made, and bring this information back to the Board so it can be seen at that time with the intent being that we would like to be able to permit the temporary fence if we have the guarantees it would be removed. Trustee Gerschefske withdrew his motion and Trustee Hartstein withdrew his second. Trustee Marienthal stated he feels the Village should 6078 8/2/82 II also look at the aspect of those fences in place minus permits and non-conforming already in the Village. President Clayton polled the Board: "Yes" indicates favor of directing the Village Attorney and staff to put together whatever documents necessary to provide for a temporary fence as requested with guarantees that the fence would be removed at the time con- 1 struction takes place behind the homes; "No" indicates opposition : YES: Hartstein, Gerschefske NO: Marienthal , Stone, O'Reilly The desire of the Board is not to look at documentation that would permit a temporary fence in this particular case. The request is denied. Trustee Stone, referencing Mr. Kuenkler's memo, stated that GREEN KNOLLS Green Knolls has not finished all the items on their punch list. SOUTH Moved by Stone, seconded by O'Reilly, to call in their bond. Upon (Bond call ) roll call , Trustees voted as follows : AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Moved by O'Reilly, seconded by Stone, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion passed unanimously. Time: 9:22 P.M. Oct Carol M. Hennenfent, Clerk ro Teri— APPROVED BY ME THIS Ieti DAY OF J , 1982. Village President