1982-12-20 - Village Board Regular Meeting - Minutes 6126
12/20/82
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, DECEMBER 20, 1982
President Clayton called the meeting to order at 7:39 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;
William Brimm, Finance Director; Gregory Boysen, Director
of Public Works; Richard Kuenkler, Village Engineer; Frank
Hruby, Director of Building & Zoning; James Truesdell ,
Village Planner; Fire Chief Wayne Winter; and Paul Kochen-
dorfer, Village Treasurer.
Moved by O'Reilly, seconded by Marienthal , to approve the APPROVAL OF
minutes of the December 6, 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.
Mr. Kochendorfer read Warrant #492. Moved by Marienthal , WARRANT #492
seconded by Stone, to approve Warrant #492 in the amount
of $616,967.48 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.
Mr. Balling noted the filing and distribution of the MANAGEMENT REPORT
Management Report for November, 1982, and made comments NOVEMBER, 1982
on same. There were no questions from the Board regard-
ing report.
Mr. Balling noted a request from the Northwest Municipal NORTHWEST MUNICI-
Conference to consider a surcharge to provide for Confer- PAL CONFERENCE
ence office expansion and Xerox copier. It was recommend- SURCHARGE
ed by the Conference that the surcharge be 2C per capita
for each of these items. Mr. Balling explained further.
`./ A memo from the Conference is on file in the Clerk' s Office.
After discussion by the Board, it was moved by Hartstein,
seconded by O'Reilly, to adopt the 2C per capita surcharge
as outlined in the memorandum to provide for reimbursement
of the amounts specified. It was suggested that the Con-
ference go with a lease/purchase agreement rather than an
outright purchase. Mr. Balling pointed out that the lease
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purchase avenue would be more expensive. Upon roll
call , Trustees voted as follows:
AYES: 5 - Stone*, O' Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 1 - Marienthal
*Reluctantly
Motion declared carried.
Mr. Balling noted a plowing request for the address SNOWPLOWING
adjacent to 573 Carriageway in the Mill Creek Sub-
division: he explained the situation to the Board.
It is the recommendation of the staff that the Village
plow the northern 68' of Carriageway because it is easier
for the crews to plow this area rather than scrape the
snow sideways. The property owner has given the Village
authorization to plow in front of his property. There
was no objection from the Board to this method.
Mr. Tom Baxter and Mr. Bruce Cornelius of Warner-Amex CABLE TV UPDATE
reported on the progress of Cable TV during 1982.
Their written report dated December 16, 1982 is on
file in the Clerk' s office. Mr. Baxter stated that
there are 68 miles of construction in Buffalo Grove
(21 aerial miles and 47 underground miles) ; as of this
date, 56 miles of construction have been completed (21
aerial miles and 35 underground miles) , thus leaving
12 miles of construction to be completed. There are
currently 1 ,700 customers from Buffalo Grove on the
system. Mr. Cornelius referred to a map showing the
plans for the beginning of 1983. President Clayton
thanked Mr. Baxter and Mr. Cornelius for their report.
Dennis Depcik and Chris Thornton from Omni-House pre- OMNI-HOUSE
rented a status report on Omni-House. They showed a
10-minute slide presentation, and distributed figures
on their operation, which are on file in the Clerk' s
office.
The Village Clerk conducted the lottery to determine BALLOT PLACEMENT
position on the ballot for the 4 candidates who sub- LOTTERY
mitted petitions for Village Trustee at 8:30 A.M. on
December 6, 1982, for the April 12, 1983 Municipal
Election. President Clayton drew the names, and those
names will be placed on the ballot in the following
order:
1 . John Marienthal
2. Gary Glover
3. Chuck Gerschefske
4. Bobbie O' Reilly
President Clayton asked if there were any questions QUESTIONS FROM
from the audience. There were none. THE AUDIENCE
President Clayton explained the Consent Agenda , and CONSENT AGENDA
stated that any member of the Board or the audience
could request that an item be removed for full dis-
cussion. There were no such requests.
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Moved by Schwartz, seconded by Stone, to pass Ordinance ORDINANCE #82-40
#82-40, an ordinance regarding the FY1983 appropriations (Golf Course
for the Village of Buffalo Grove Golf Course Fund. A FY83 appropriatior
public hearing was held on the ordinance on December 6,
1982. Passage of the ordinance fulfills statutory require-
ments related to the Golf Course budget. Upon roll call ,
Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to pass Ordinance ORDINANCE #82-41
#82-41 , an ordinance providing for the acquisition of land (Acquisition of
in Lake County, Illinois . This ordinance authorizes the land)
negotiated purchase or condemnation of said property for
the purpose of constructing or improving natural drainage
facilities . Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to pass Ordinance ORDINANCE #82-42
#82-42, an ordinance authorizing participation under the (I1 . Fire Protec-
Illinois Fire Protection Training Act. Passage of this tion Training Act)
ordinance is required in order to qualify for State funds
for various fire service training programs . Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to approve Resolution RESOLUTION #82-60
#82-60, a resolution establishing a policy regarding interest
earnings on funds on deposit in the Village of Buffalo
Grove's corporate purpose bond, Series 1982-A, bond and
interest fund. This resolution extends the policy established
by the Village Board by adoption of Resolution No. 82-16 to
the accounting and allowable uses of interest earnings on the
proceeds of Series 1982-A Corporate Purpose Bonds. Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to approve Resolution RESOLUTION #82-61
#82-61 , a resolution establishing a corporate savings account
for the Capital Projects Fund. Authority to establish this
account is requested in order to facilitate the transfer and
accounting of bond proceeds to the Capital Projects Fund.
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Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to approve Resolution RESOLUTION #82-62
I L„/. #82-62, a resolution expressing the intention of the Village
of Buffalo Grove to enter into an agreement with the Illinois
Law Enforcement Commission to participate in the Police
Information Management System Program (P.I .M.S.) . Parti-
cipation in this law enforcement computer system has been
approved by the Board in the 1982-1983 Budget. Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to approve the plan LEXINGTON GLEN
change for Lexington Glen. The Village Engineer has (Plan Change)
reviewed the proposed plan changes and recommends approval
subject to extension of shoreline protection, addition of
an aerator, and submittal of the revised engineer's estimate.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to accept the Weiland WEILAND ROAD
Road Vacation Parcel . This parcel , contiguous to the VACATION PARCEL
Aptakisic Creek Detention Basin in the Highlands Subdivision,
was acquired by the Lake County Highway Department and is
being conveyed to the Village of Buffalo Grove. Ultimately
the subject property will be conveyed to the Buffalo Grove
Park District. Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to authorize the 1983 MOTOR FUEL
bidding for 1983 Motor Fuel Tax Materials. Authorization MATERIALS
is requested to bid materials for 1983 MFT projects. (authorization to
Upon roll call , Trustees voted as follows: bid)
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
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Moved by O'Reilly, seconded by Hartstein, to pass Ordinance ORDINANCE #82-43
#82-43, abating the taxes levied for the corporate purpose (abating taxes)
general obligation bonds, series 1982A, for the Village of
Buffalo Grove. Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAPES: 0 - None
Motion declared carried.
Moved by Schwartz, seconded by Stone, to pass Ordinance ORDINANCE #82-44
#82-44, establishing compensation for the Village Manager (Village Manager
of $48,840. Upon roll call , Trustees voted as follows: compensation)
AYES: 5 - Stone, Hartstein, Gerschefske, Schwartz,
President Clayton
NAPES: 2 - Marienthal , O 'Reilly
Motion declared carried.
Mr. Balling thanked the Board for their consideration,
and President Clayton expressed appreciation for all Mr.
Balling has done for the Village.
Moved by O'Reilly, seconded by Gerschefske, to pass ORDINANCE #82-45
Ordinance #82-45, regarding the investment of working
cash funds and the use of interest earnings on working
cash investments . Trustee Marienthal wished to have the
following verbage inserted in Section 4: "If, in fact,
capital equipment is not purchased, the interest earned
would be used to retire existing debts now incurred and
a reduction in the corporate levy would occur during
that fiscal year." Discussion on this suggestion followed.
Trustee Marienthal moved to amend the motion to contain the
verbage above. There was no second to the proposed amend-
ment. Upon roll call , Trustees voted as follows on the
original motion:
AYES: 5 - Stone, O'Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 1 - Marienthal
Motion declared carried.
Moved by Stone, seconded by Schwartz, to pass Ordinance ORDINANCE #82-46
#82-46, amending Village Ordinance #76-58 (Burger-King (Burger-King)
Drive-Thru Lane, Plaza Verde Shopping Center) . Representatives
from Burger-King answered questions from the Board regarding
the traffic flow. Upon roll call , Trustees voted as follows:
AYES : 4 - Marienthal , Stone, Gerschefske, Schwartz
NAPES: 2 - n'Reilly, Hartstein
Motion declared carried.
Trustee Hartstein stated that the two reasons that this SCHWABEN CENTER
item was deferred previously was to resolve the question
of the sidewalks and also the parking situation; he stated
that neither item has yet been resolved. Mr. Balling stated
that the Schwaben Center has a commitment to put the sidewalk
in, and he explained the situation regarding the sidewalk.
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The Schwaben Center has posted the necessary cash with
the Village to insure completion of the sidewalk. There
is the possibility for the Schwaben Center to return to
the Plan Commission to evaluate the necessity for the
sidewalk on the eastern side of Weiland Road, if it is
determined that this sidewalk is of no value, the cash
would then be returned to the Schwaben Center.
Moved by Hartstein, seconded by Gerschefske, that the
sidewalk question be re-referred to the Plan Commission for
review and recommendation regarding the necessity for the
sidewalk on the eastern side of Weiland Road. Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
The parking situation regarding participants at the Schwaben
Center parking on neighboring streets was then discussed at
length. Mr. Ed Braun of the Schwaben Center explained the
steps that were taken by the Schwaben. Center to alleviate
the parking problem. It was suggested that the Schwaben
Center should assist the Village g by putting notification
on their tickets and publicity that parking is not permitted
on Village streets, and encouraging people to park in the
Schwaben Center lot across the street. Mr. Braun agreed that
the Schwaben Center would make every effort to insure that
participants park in the Schwaben Center lot, and not on the
Village streets. Moved by Stone, seconded by Gerschefske,
for final acceptance of the Schwaben Center, subject to the
cash bond, and that the current fence remain until it is
waived, and that the fence is to be removed at the direction
of the Village, and also the sidewalk bond (the sidewalk is
to be put in at the direction of the Village) , and if the
sidewalk is waived, the cash bond will be returned. Upon
roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by O 'Reilly, for final acceptance MANNING SAVINGS
of Manning Savings & Loan. Upon roll call , Trustees voted & LOAN
as follows: (final acceptance)
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
( yrvL
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Moved by Gerschefske, seconded by Marienthal , to accept WELLINGTON HILLS
the Appearance Commission recommendation for Wellington (Commons)
Hills (Commons) , architecture, lighting, landscaping, sales
trailer, parking lot, and signage. Upon voice vote, the
motion was unanimously declared carried.
Moved by O'Reilly, seconded by Stone, to award the bid for 1983 VILLAGEWIDE
the 1983 Villagewide Contractual Street Maintenance Project CONTRACTUAL
to the lowest bidder, Liberty Asphalt Corporation, in the STREET MAINTENANCE
amount of $1 ,316,212.00, subject to the approval of IDOT. PROJECT
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
President Clayton declared a recess from 9:00 P.M. until RECESS
9:17 P.M.
Mr. Bill Johnson stated that the Johnson family is JOHNSON PROPERTY
petitioning the Village of Buffalo Grove for annexation ANNEXATION
of approximately 52.3 acres, bounded by Wheeling Avenue
on the west, Lake-Cook Road on the south, West Drive on
1 the north and Huntley Road on the east. They are asking
for an "I" zoning category; they have no specific develop-
mental pattern in mind, nor do they have a developer in mind.
There is a 4 acre retention basin; the Village Engineer has
checked and found that this is adequate for this type of I
zoning area. President Clayton stated that, once there is
a developer, that developer will come back to the Village
and the Plan Commission with a plan of development. Mr.
Johnson agreed that is correct.
There was a question as to whether the Village would ask
for disconnection from the Vernon Fire Protection District
and the Wheeling Park District. Mr. Raysa stated that the
Fire Protection District has a certain number of days after
notification in which to take action; if no action is taken,
it is automatically disconnected from the Fire Protection
District. Mr. Johnson stated that, in the sale by the
Johnson family of the Chevy Chase Golf Club to the Wheeling
Park District, there is an agreement that all adjacent properties
would be annexed to the Wheeling Park District, including the
parcel west of the Soo Line tracks. The annexation of the
parcel in question to the Wheeling Park District is imminent.
Mr. Raysa stated that he would assume that this procedure is
similar to the disconnection of the Fire Protection District.
President Clayton stated that this would be an item for staff
to investigate. It was requested by the Board that both the
disconnection of the Park District and the Fire Protection
District be investigated thoroughly by the staff. It was
requested by the Board that there be a status report from the
Johnson family legal counsel in regard to the status of talks
with Lake County (whether they will look favorably or dis-
favorably upon the sewer connection occurring not only for
1
ti ,
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the golf course, but also on the surrounding acreage which
would not be annexed to the Village of Buffalo Grove) . It was
requested that the staff contact both the Village of Wheeling
and Lake County for a status report.
Moved by Hartstein, seconded by Stone, to refer the zoning
and annexation of the Johnson property to the Plan Commission.
It was requested that the Plan Commission be made aware of
a possible natural prairie land on this property near the
Commonwealth Edison right-of-way.
Upon voice vote, the motion was unanimously declared carried.
Mr. Raysa pointed out that Commonwealth Edison owns all the
land along the west side of the Soo Line tracks.
After discussion by the Board and the staff, it was moved PHOTOCOPIER
by O'Reilly, seconded by Marienthal , to bid on the photo- REPLACEMENT
copier replacement with the inclusion of a lease, a lease/
purchase, and a purchase arrangement. There was further
discussion regarding the number of copies per minute, and
the size of document able to be copied. The motion was
then amended to include changing the spec for the copy
speed from 40 to 80 copies per minute by both Trustee
O'Reilly and seconded by Trustee Marienthal . Upon voice
vote, the motion was unanimously declared carried.
Fire Chief Winter reviewed his memo to Mr. Balling of BUFFALO GROVE/
December 15, 1982 explaining this situation. Mr. Balling ARLINGTON HEIGHTS
• pointed out that, if Chief Winter's recommendations are JOINT FIRE
not adopted, it could possibly increase homeowner fire AMBULANCE SERVICE
insurance premiums to a greater extent than would be AGREEMENT
necessary to implement Chief Winter's plan. Moved by
Schwartz, seconded by O'Reilly, to accept Plan B as
outlined in Chief Winter's memo dated December 15, 1982,
and that plan be incorporated into the budget process.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES : 0 - None
Motion declared carried.
Mr. Mark Beaubien explained the circumstances regarding BUFFALO GROVE
the Buffalo Grove Disposal Contract Extension Consideration. DISPOSAL CONTRACT
`J He stated that their main reason for being here tonight is
to discuss future commitments and programs. There was
discussion regarding the possibility of once-per-week
pick-up in the future. President Clayton stated that Buffalo
Grove Disposal has provided the Village with excellent service
through the years. Mrs. Clayton stated that she is reluctant
to negotiate a contract with the anti-trust question in mind;
she feels the need for extensive information on other towns,
plus extensive information to be provided by Mr. Raysa regarding
the anti-trust. Mr. Raupp stated that he appreciates the need
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for legal counsel , and also thinks that it should be
thoroughly investigated. It was stated that there would
have to be a large cost differential before going to a
once-per-week pick-up. Mr. Raupp stated that, since he is
now a part of Waste Management, he does refer to the parent
company with regard to capital outlay, although each part of
the organization must stand on its own.
Mr. Beaubien pointed out that the next year's increase is
being waived. Regarding the anti-trust, he stated that
Waste Management has authorized him to state that they
would be willing to sign a covenant or agreement with the
Village to hold them harmless for any and all costs or
expenses regarding the extension of the contract. Mr.
Beubien stated that the legal counsel for Waste Management
is convinced that this is in no a violation of the anti-
trust.
Moved by O'Reilly, seconded by Marienthal , to direct the
staff to proceed with the discussions to renew or extend the
service contract with Buffalo Grove Disposal , and to address
the six items listed in Bill Brimm's December 14, 1982
Ilj memo, with the further understanding that staff would come
back to the Board with a full report on the alternatives on
accepting a discussed alternative with Buffalo Grove Disposal
versus bidding. Trustee Schwartz stated that he thinks this
contract should be let out for bid, regardless of the anti-
trust question. President Clayton stated that she supported
Trustee Schwartz's comments. Upon voice vote, the motion
was unanimously declared carried.
Mr. Raysa wished the record to show that a member of the
law firm of Bloche, French and Raysa owns public stock in
Waste Management Corporation.
Moved by Stone, seconded by Hartstein, to table final BUFFALO GROVE
acceptance of lots 6, 7, 38 and 39 of the Buffalo Grove COMMERCE CENTER
Commerce Center until such time as a representative is
present. Upon voice vote, the motion was unanimously
declared carried.
Moved by Gerschefske, seconded by Marienthal , to move to EXECUTIVE SESSION
Executive Session to discuss land acquisition. Upon voice
vote, the motion was unanimously declared carried.
Moved by Marienthal , seconded by Hartstein, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned to Executive Session at
10:20 P.M. The Executive Session was adjourned at 11 :10 P.M.
Janet(M). Sirabian, Village Clerk
APPROVED BY ME THIS 1 AL
DAY Ol--_ 1983.
Village President