1982-08-16 - Village Board Regular Meeting - Minutes{
6079
8/16/82
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 16, 1982.
President Clayton called the meeting to order at 7:37 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 , O'Reilly, Hartstein , Gerschefske, and
Schwartz. Trustee Stone was absent. Also present were: William
Balling, Village Manager; William Raysa, Village Attorney; William
Brimm, Finance Director; Gregory Boysen, Director of Public Works;
Richard Kuenkler, Village Engineer; and Ingrid Park, Staff Planner.
Moved by Hartstein , seconded by Gerschefske, to approve the APPROVAL OF
minutes of the August 2, 1982 Regular Meeting. Upon roll call , MINUTES
Trustees voted as follows :
AYES: 4 - Marienthal , O' Reilly, Hartstein , Gerschefske
NAYES: 0 - None
ABSTAIN: 1 - Schwartz
ABSENT: 1 - Stone
Motion declared carried.
Mr. Brimm read Warrant #484. Moved by O'Reilly, seconded by WARRANT #484
Hartstein, to approve Warrant #484 in the amount of $493,977. 12,
authorizing payment of bills listed, with a change on page 26
taking the $185,536.00 payment to First Midwest Development out
of the Sewer Operating Fund rather than the Water Operating Fund.
Upon roll call , Trustees voted as follows:
AYES: 4 - O' Reilly, Hartstein , Gerschefske, Schwartz
NAYES: 0 - None
ABSTAIN: 1 - Marienthal
li ABSENT: 1 - Stone
Motion declared carried.
Moved by O'Reilly, seconded by Marienthal , to accept the Police POLICE S FIRE
Pension Fund Annual Report and the Fire Pension Fund Annual ReportPENSION-FUNDS
as presented. Upon voice vote, the motion was unanimously ANNUAL REPORTS
declared carried.
Mr. Balling explained the requirements of House Bill 1048 TRUTH IN TAXA-
(P.A. 82-102) regarding Truth in Taxation and the Tax Levy TION 1.9$'2
Ordinance for 1982; he also explained the reasons for the growth PROPERTY TAX
�./ in the tax levy. A Public Hearing on the 1982 Tax Levy Ordinance LEVY
will be held on September 7, 1982. Moved by O' Reilly, seconded
by Marienthal , to confirm that there will be a Public Hearing
on the Tax Levy Ordinance for 1982 on September 7, 1982, pursuant
to P.S. 82-102 since the Village is exceeding the requirements of
5% growth. In answer to a question from the Board, Mr. Brimm
stated that, if the legislature were to eliminate the multiplier,
it would have no effect at all on reapportionment distribution.
Upon voice vote, the motion was unanimously declared carried.
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8/16/82
Trustee Schwartz gave a status report on Buffalo Grove Days; he BUFFALO GROVE
stated that costs are up this year and gave a break-down of the DAYS
costs :
$3,500 -Fireworks
$2,700 -Tent
$ 400 -Entertainment
$ 250 -Homemaker's Competition
$ 175 -Advertising
$ 586 -Portable Toilets
Parade contributions from Village merchants has been down this
year. Parking will be a problem this year, and Trustee Schwartz
noted that residents should be aware of this. The last committee
meeting will be on August 13, 1982 at 6:30 P.M. , and the last
meeting of all participants prior to Buffalo Grove Days will be
August 26, 1982.
Trustee Marienthal referred to Ingrid Park's memo to Mr. Balling NORTRAN BUS
of August 11 , 1982, regarding the suggested routing for future ROUTE
extension of Nortran Bus Route 234. The Village Board 's request
for the route to remain on collector streets has been adhered to.
There were no questions on the subject.
Mr. Balling noted the submission of the Management Report for MANAGEMENT
July, 1982. There were no questions on same. REPORT
Mr. Balling stated that the Board did call the performance bond GREEN KNOLLS
for the Green Knolls subdivision at the last Regular Meeting.
The developer will be permitted to continue the work under his
contracts, but the Village will control the funds and the schedule.
It is hoped that the entire subdivision will be completed by
November.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience. There were none. THE AUDIENCE
President Clayton explained the Consent Agenda, stating that CONSENT AGENDA
any member of the Board or the audience could request that an
item be removed for full discussion. It was requested that
Item XII , A be removed from the Consent Agenda.
Moved by O'Reilly, seconded by Marienthal , to pass Ordinance ORDINANCE #82-30
#82-30 an ordinance declaring certain police radios as surplus TS-u-r lus E u
and
authorizing their sale. This will permit sale of the radios
at a minimum value of $150 each. Receipts from the sale will be
used to offset future approved capital purchases within the Police
Services program. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O'Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Moved by O'Reilly, seconded by Marienthal , to accept the Chatham CHATHAM LIFT
Lift Station. The Village Engineer recommends approval of the STATION
improvement subject to the one year maintenance guarantee. Upon
roll call , Trustees voted as follows:
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8/16/82
AYES: 5 - Marienthal , O' Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Moved by O'Reilly, seconded by Marienthal , to approve the ST. MARY'S
request from Rev. Duffy, St. Mary's Church, to waive electrical Waiver of fees)
fees for the Parish Festival . Past policy of the Village has
been to waive fees for this function. Upon roll call , Trustees
voted as follows :
AYES: 5 - Marienthal , O' Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Moved by O' Reilly, seconded by Marienthal , to award the contract AWARD OF CONTRACT
for IBM System/34 maintenance to Sorbus Service at a monthly cost (IBM System/3Z
of $370.50. Award of the maintenance contract to Sorbus Service maintenance)
will provide a higher level of maintenance than the existing
agreement at an annual savings of $1 ,158. Upon roll call , Trustees
voted as follows:
AYES : 5 - Marienthal , O' Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Mr. Balling explained Ordinance #82-31 . Moved by Marienthal , ORDINANCE #82-31
seconded by O' Reilly, to pass Ordinance #82-31 , providing for (RecouYpment)
the recoupment of advances for construction of water mains in
Buffalo Grove Road between Old Lake-Cook Road and Commons Way.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O'Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Trustee O'Reilly stated that she asked that this be removed AWARD OF BID -
from the Consent Agenda, because she did not understand why 19$2 ROCK SALT
staff recommended going with a company other than the low PURCHASE
bidder. Mr. Boysen explained the procedure for bidding used
by the Northwest Municipal Conference, and the availability
from each company. Mr. Balling pointed out that any bid through
the NWMC would be lower than a bid that Buffalo Grove could secure
on its own. Moved by Schwartz, seconded by Gerschefske, to award
the bid for 1982 rock salt purchase to the Cargill Company. This
award is recommended by the majority of Public Works Directors
participating in the joint purchase of rock salt through the NWMC.
Mr. Balling stated that Cargill has posted both bid and performance
bonds with the NWMC. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O'Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
PrL
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8/16/82
Trustee Marienthal stated that the subject is an appeal of a ZBA APPEAL OF ZBA
decision by Mr. and Mrs. Vincent Deligio. A videotape of the DECISION
subject lot was shown to the Board. Mr. Hruby then reviewed
his memo of August 12, 1982 to Mr. Balling which explains this
situation. The porch in question is a deck to which walls with
double-hung windows and a fiberglass roof have been added, and
this structure does not meet the setback requirements. There
was discussion as to what constitutes a porch as opposed to an
open porch. Another point of discussion was the fact that Mr.
Deligio did not have a building permit. Mr. Deligio explained
the reasons that he did not think a permit was necessary for the
structure that he enclosed. Mrs. Deligio read a prepared state-
ment explaining their situation, and she also distributed some
pictures of the porch. Trustee Marienthal pointed out that the
ZBA is going to look at revising this particular section of the
Zoning Ordinance. Mr. Raysa is going to do some research regarding
the definition of "porch" and "open porch". Trustee Hartstein
urged staff to review the ordinances concerning the above, since
there certainly seems to be ambiguity regarding same.
Mr. Domas, a neighbor of the Deligios, stated that the structure
looks very nice, and he has no objection to it. Trustee Schwartz
stated that he does not have a problem with the porch, but he does
not see how hardship could be shown in this case, which is a
requirement for a variance. Mrs. Deligio stated that there is a
vacant lot behind their lot which is uncared for and they do have
a major problem with insects because of this. Chairman of the ZBA,
Mr. Heinrich, commented on the decision of that Commission. Based
upon the small size of the rear yard, and the irregular shape of
the lot , as well as the neighboring orchard which increases the
insect population in the yard , Trustee Schwartz moved to grant
the appeal of the petitioner and overturn the decision of the ZBA.
Trustee Hartstein seconded the motion , primarily due to the ambiguity
in the ordinance in terms of an open porch. Upon roll call , Trustees
voted as follows :
AYES: 2 - Hartstein, Schwartz
NAYES: 3 - Marienthal , O'Reilly, Gerschefske
ABSENT: 1 - Stone
Motion defeated.
The Board viewed a video tape of the property at 477 Weidner DRAINAGE PROBLEM
Road, where the drainage problem exists. Mr. Balling reviewed `77 Weidner i.)
this situation for the Board. He stated that anything done to
relieve this problem would benefit only the 477 Weidner property,
and there would be no public benefit pursuant to Resolution #78-12.
Mr. Yamakawa stated that the water which comes into his basement
is not from rainfall , but backs up from the storm sewer. Mr.
Kuenkler stated that he finds no problem with the storm sewer at
that point.
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8/16/82
Moved by O'Reilly, seconded by Marienthal , to deny the appeal
of Resolution #78-12. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O' Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
President Clayton declared a recess from 8:50 until 9:00 P.M. RECESS
Trustee O'Reilly introduced the members of the Citizen 's CITIZEN'S
Advisory Committee on Municipal Water Policy, and gave a ADVISORY
background of the work done by this committee. She reviewed COMMITTEE
the preliminary recommendations, and gave reasons for the MUNICIPAL
Committee's decision to recommend Profile #7. Trustee Hartstein WATER POLICY
asked why Profiles #4 and #5 were not recommended, since there
appears to be lower cost with either of those two profiles. Mr.
Kochendorfer explained the inequities which would occur in
Profiles #4 or #5. One of those reasons was that, since this
is the purchase of a commodity, the entire burden should not
be placed on property tax. It was stated that the Committee
hoped to effect the lowest cost to the user. Trustee Marienthal
complimented the Committee and Mr. Brimm on the thorough job that
was done. Mr. Balling stated that more equity could be created
by pricing on consumption alone, but that would eliminate the tax
credit gained by placing a portion of the cost on the property
tax bill . Trustee O'Reilly stated that Profile #7 eliminates
as many of the inequities as possible.
Referring to recommendation #13, President Clayton stated that
she hoped that the structure was such that there would not be
an increase in the rates each year; however, she realizes that
this is new, so that there may have to be some adjustment made.
Mr. Brimm stated that the entire study will be redone every
year; they hope there will not be increases, but possibly
decreases in the rate; however, if the cost from Evanston goes
up, then it must be reflected in the cost per gallon; he is
confident that, based on the projections right now, these rates
are realistic.
President Clayton related a concern of Trustee Stone that more
of the burden should be placed on property tax. Mr. Brimm stated
that that is a concern that will be taken into consideration.
Moved by O'Reilly, seconded by Hartstein, to approve the 15
preliminary recommendations of the Water Policy Committee, and
�•/ the Board to direct the Committee to commence the technical policy
and education committee studies. Upon voice vote, the motion was
unanimously declared carried. Information relating to this subject
is on file in the Clerk's office.
Moved by Schwartz, seconded by Marienthal , to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 9:36 P.M.
APPROVED BY ME THIS Janet . Sirabian, Village Clerk- -_
DAY _ 5 1 g2.
111 age P�res t enc'