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1982-12-06 - Village Board Regular Meeting - Minutes 6118 12/6/82 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, DECEMBER 6, 1982 President Clayton called the meeting to order at 7:32 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President ROLL CALL Clayton; Trustees Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, and Schwartz. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; James Doyle, Assistant Village Manager; William Brimm, Finance Director; Gregory Boysen, Director of Public Works; Richard Kuenkler, Village Engineer; Carmen Molinaro, Director of Golf Operations; and Paul Kochendorfer, Village Treasurer. Moved by O' Reilly, seconded by Marienthal , to approve the APPROVAL OF minutes of the November 15, 1982 Regular Meeting. Upon MINUTES- ; roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O ' Reilly, Hartstein , Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Moved by Marienthal , seconded by O' Reilly, to approve the minutes of the November 22, 1982 Special Meeting. Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O ' Reilly, Hartstein, Gerschefske, Schwartz NAYES : 0 - None Motion declared carried. Mr. Kochendorfer read Warrant #491 . Moved by Gerschefske, WARRANT #491 seconded by Stone, to approve Warrant #491 in the amount of $790,025.90 authorizing payment of bills listed. Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Sylvia Bogart, Chairman of the Blood Donor Commission, BLOOD COMMISSION introduced Ellie Gunther, blood drive co-ordinator for PRESENTATION the North Suburban Blood Center. Mrs. Gunther thanked the residents of Buffalo Grove for donating approximately 1 ,100 units of blood since 1978, and also thanked the Blood Donor Commission and the Jaycee-ettes for their help in organizing the Blood Drives. 6119 12/6/82 Mrs. Gunther then recognized Sylvia lvia Bogart, Pat Panella, Jean Yamin, and Gene Frey, as well as Dwight Hall who was unable to attend the meeting; she then presented a plaque from the North Suburban Blood Center to the Village in appreciation for their efforts in encouraging residents to donate blood. President Clayton added the congratulations of the Board to the Blood Donor Commission, and thanked the Commission for the excellent job that they are doing. President Clayton asked for consideration of the Board to VIDEO TAPE ask that the Village Attorney draw up an ordinance pro- RENTALS hibiting the rental of X-rated video tapes to minors. Mrs. Shelley Begel related an incident where a minor had rented an X-rated film and shown it to some friends. Mr. Raysa stated that he had written a letter concerning same to the Village on October 21 , 1982, and also stated that he would like to do some more research on the subject before giving a recommendation to the Board. Trustee Stone stated that it is the policy of most stores in the Village not to rent any films to minors; he said that he had no objection to investigating the matter, but questions the effectiveness of such an ordinance. Trustee Hartstein asked if all video tapes are rated, and questioned it the enforceability of such an ordinance. President Clayton polled the Board: "Yes" indicates favor of the Village Attorney pursuing the possibility of an ordinance putting an age restriction on the rental of X-rated and R-rated films; "No" indicates opposition: YES: Marienthal , O'Reilly, Hartstein*, Gerschefske, Schwartz** NO: None ABSTAIN : Stone *Subject to the findings of the Village Attorney In favor of the research, not necessarily the ordinance. Mr. Raysa suggested that the Board review the memo regarding the obscenity issue which was written in relation to Cable TV. Trustee Hartstein brought to the Board ' s attention the MX MISSILE forthcoming vote in Congress on the MX Missile program. PROGRAM Because of the economic impact of this program, Trustee Hartstein stated that he feels very strongly that members of all communitiesshould sh uld speak out on this issue. Mr. Balling reviewed the Six-Month Fiscal Report through SIX-MONTH October 31 , 1982. He stated that the budget management FISCAL REPORT program has been very successful . To date, the Village is 59% realized in revenues, and only 48.96% realized in expenses. It appears that the Village will be attaining the building permit development budget for the first time in a number of years. 6120 12/6/82 Mr. Brimm explained the situation regarding the Lake County over-extension. A memo on the Six-Month Fiscal Report is on file in the Clerk's office. Mr. Balling reported on the Green Knolls Subdivision South GREEN KNOLLS phase; the letter of credit was called on the project. The SOUTH major pavement repairs and curb work have been completed . { The balance of the underground work is being completed at �•/ this time. Some of the miscellaneous grading and park areas will be deferred until spring because of the weather. President Clayton asked if there were any questions from QUESTIONS FROM the audience. There were none. THEyAUDIENCE President Clayton read the Notice of Public Hearing PUBLIC HEARING published in the Buffalo Grove Herald on November 22, (FY 1983 Golf 1982. President Clayton called the Public Hearing on Course Appro- the Appropriation Ordinance for the Buffalo Grove Golf priation Club Fund at 8:00 P.M. Ordinance) Mr. Brimm explained the Appropriation Ordinance, stating that the Appropriation Ordinance for this year is established at $545,325, which is 7% over the budgeted amount. There were no questions on this Ordinance. President Clayton stated that this Ordinance will be on the agenda for the December 20, 1982 Regular Meeting. President Clayton closed the Public Hearing at 8:02 P.M. President Clayton explained the Consent Agenda, and stated CONSENT AGENDA that any member of the audience or the Board could request that an item be removed for full discussion. It was requested that Items XIV, A, B, and C be removed from the Consent Agenda. Moved by Hartstein, seconded by Stone, to approve Resolution RESOLUTION #82-52, a resolution regarding corporate personal property #82-52_ replacement tax distribution - 1982. Passage of this (Corporate resolution is required on an annual basis to confirm the Personal Village's intent to comply with the Illinois Revenue Act Property regarding the distribution and utilization of such funds in Replacement 1982. Upon roll call , Trustees voted as follows: tax Distribu- AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, tion - 1982) Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Moved by Hartstein, seconded by Stone, to approve Resolution RESOLUTION #82-53, a resolution adopting the fiscal 1983 program budget #82-53 for the Buffalo Grove Golf Course Fund. This resolution (B.' G. Golf formally adopts the Buffalo Grove Golf Course Fund budget Course Budget) for fiscal 1983 which has been previously reviewed and on which a public hearing has been held. Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None 1vnn Motion declared carried. 6121 12/6/82 Moved by Hartstein, seconded by Stone, to approve Resolution RESOLUTION #82-54, a resolution for the maintenance of streets and #82-54 highways by municipality under the Illinois Highway Code. TcStreets & This resolution and accompanying forms are required by MFT highways procedures to permit the use of funds for operational programs maintenance) of snow and ice control . Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz ../ NAYES: 0 - None Motion declared carried. Moved by Hartstein, seconded by Stone, to approve Resolution RESOLUTION #82-55, a resolution approving an agreement for construction # 2-55 engineering services for the 1983 Village-wide contractual Approving street maintenance project. This agreement would authorize Agreement for Baxter & Woodman to provide construction engineering services Construction for the subject project for a fee not to exceed $65,000. Upon Engineering) roll call , Trustees voted as follows: AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein , Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Moved by Hartstein, seconded by Stone, to approve Resolution RESOLUTION #82-56, a resolution authorizing temporary access to construct #82-56 a sanitary sewer on the old sewage treatment plant and golf (Temporary course properties. This authorizes Trammel Crow temporary access to access to construct this improvement on the subject properties construct pursuant to previously approved plans and specifications. sanitary sewer) Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein , Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Moved by Hartstein, seconded by Stone, to approve the NORTHWEST Northwest Community Hospital and Medical Center project. COMMUNITY_T The Village Engineer recommends approval of this project HOSPITAL & subject to review and approval of the required maintenance MEDICAL—CENTER bond by the Village Attorney. Upon roll call , Trustees Final acceptance) voted as follows: AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Moved by Hartstein, seconded by Stone, to waive the fees JUNIOR CHAMBER for the Junior Chamber of Commerce Christmas tree sale. The OF COMMERCE Village Manager recommends waiver of temporary business TwaTver oT- fees - license and electrical permit fees for this charitable Christmas tree project. Upon roll call , Trustees voted as follows : sale) AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Uy 6122 12/6/82 Mr. Ron Norene explained the proceedings of the bidding RESOLUTION which took place today, and passed out some charts showing #12-57 various market conditions. Mr. Norene stated that the (Bond Issue) market has improved approximately 2% since the Village last issued bonds; he said that the Village did approximately 3% better on this issue than they had done in March. Mr. Norene stated that he is very pleased with today's bids. Mr. Norene then explained the reasons why it is so important to issue these bonds before December 31 , 1982. In answer �./ to a question from President Clayton, Mr. Norene explained the reasons that the Village did better than the market would indicate, among them recognition in the market, and the sound financial condition of the Village. President Clayton asked if the market is yet in the shape for the Village to refinance some of its other bond issues. Mr. Norene replied that the time is not yet right for re- financing. Moved by O' Reilly, seconded by Hartstein, to pass Resolution #82-57, accepting the offer to purchase $5,025,000 of corporate purpose bonds of the Village of Buffalo Grove, Cook and Lake Counties. Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, Schwartz NAPES: 0 - None Motion declared carried. Moved by O' Reilly, seconded by Stone, to pass Ordinance ORDINANCE #82-35 providing for the issuance of $5,025,000 of corporate #82-35 purpose bonds and providing for the levy of a direct annual (Bond Issue) tax for payment of principal and interest on the bonds. Trustee O' Reilly questioned the section regarding interest on page 16. Mr. Brimm stated that he will research this section, and, if necessary, a Resolution will be drawn up insuring that the interest from the bonds not be used in the General Operating Funds of the Village. Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein , Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. President Clayton thanked Mr. Norene for his advice. Moved by O'Reilly, seconded by Marienthal , to pass Ordinance ORDINANCE #82-36, abating a portion of the taxes levied for the #8-2-36' municipal building bonds issued by the Village of Buffalo (Tax abatement) Grove. Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAPES: 0 - None Motion declared carried. 6123 12/6/82 Moved by O'Reilly, seconded by Hartstein, to pass Ordinance ORDINANCE #82-37, abating the taxes levied for the installment contract 032-37 to purchase the Buffalo Grove Golf Course. Upon roll call , (Tax abatement) Trustees voted as follows : AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Moved by O'Reilly, seconded by Gerschefske, to pass Ordinance ORDINANCE #82-38, abating the taxes levied for corporate purpose #82-38 general obligation bonds, series 1981 , for the Village of (Tax abatement) Buffalo Grove. Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Moved by O' Reilly, seconded by Hartstein, to pass Ordinance ORDINANCE #82-39, abating the taxes levied for corporate purpose #82-39 general obligation bonds, series 1982, for the Village of (Tax- abatement) Buffalo Grove. Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. Trustee O' Reilly stated that there has been two changes made RESOLUTION in this agreement; she also said that she had voted against ##W2-58 this previously and will continue to do so. (Agreement - housing bonds - Moved by Hartstein, seconded by Schwartz, to pass Resolution Cook County) #82-59, authorizing the Village of Buffalo Grove to enter into an agreement with the County of Cook, Illinois, with respect to the issuance of certain bonds for housing purposes by the County of Cook and rescinding Resolution #82-41 . Upon roll call , Trustees voted as follows : AYES: 5 - Marienthal , Hartstein , Gerschefske, Schwartz, President Clayton NAYES : 2 - Stone, O' Reilly Motion declared carried. Moved by O'Reilly, seconded by Stone, to pass Resolution RESOLUTION #82-59, accepting a lease between the Village of Buffalo #g2-59 Grove and Eat's Incorporated for operation of golf course (Restaurant restaurant and bar facilities . Trustee O' Reilly stated lease - golf that she is very pleased with the operation of the food course) and bar operation, and looks forward to increased revenue for the Village next year. Mr. Raysa explained the reasons why it is not necessary for the Village to bid for this operation. Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None Motion declared carried. 6124 12/6/82 Mr. Raysa stated that he had no problem with passing this WHEELING agreement, but he wished to call to the Board 's attention TOWNSHIP that the Engineering and Legal Departments will have to HIGHWAY review Item #4, and Item #4 will again be brought to the DEPARTMENT Board. Moved by Schwartz, seconded by Gerschefske, to approve the Hold Harmless Agreement with the Wheeling Township Highway Department. This agreement is required by the Department to indemnify it from any claims resulting from work on its right-of-way related to the Village-wide Watermain Reinforcement Project. Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske, Schwartz NAYES : 0 - None Motion declared carried. Trustee Hartstein stated that he has been advised by BUFFALO GROVE citizens in the area that construction is going on, not- COMMERCE CENTER withstanding the fact that the lots in question have had their permits pulled. The homeowners would like to have a fence erected along the entire area abutting the single family homes as soon as possible. Trustee Hartstein requested that staff be directed to explore the possibility with the developer in hopes of getting voluntary compliance. Moved by Hartstein, seconded by O ' Reilly, that final acceptance of Lots 6, 7, 38 and 39 of the Buffalo Grove Commerce Center be deferred to allow staff to explore the voluntary erection of fences along the property. Upon voice, vote, the motion was unanimously declared carried. Trustee Hartstein referred to the existing parking problem SCHWABEN CENTER at the Schwaben Center, and requested that this item be deferred until staff has explored the possibility of working the parking problem out with the Schwaben Center. It seems that people attending the festivals are parking on the streets in the surrounding residential areas. Trustee Stone stated that the Schwaben Center has asked for an extension on the completion deadline for the sidewalk across the length of their property; he stated that staff has no problem with this extension. It is customary for the Village to secure some sort of a performance bond to insure the future installation of this sidewalk, and the Schwaben Center does not wish to go along with this . Moved by Hartstein, seconded by Stone, to defer final acceptance of the Schwaben Center pending two items: 1 . Receipt of adequate security to insure completion of the sidewalk; 2. Try and complete resolution on a voluntary basis relating to the parking situation in connection with the festivals. 6125 12/6/82 Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, Schwartz NAPES : 0 - None Motion declared carried. Moved by Hartstein, seconded by Gerschefske, to move to EXECUTIVE Executive Session to discuss employment matters. Upon SESSION voice vote, the motion was unanimously declared carried. The Board entered Executive Session at 8:41 P.M. The Board meeting reconvened at 10:30 P.M. Moved by Stone, seconded by Schwartz, to adjourn the ADJOURNMENT meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:30 P.M. Janet Sirabian, Village Clerk APPROVED BY ME THIS ,QO1 _ DAY OF , 1982. Village President �.