1983-03-21 - Village Board Regular Meeting - Minutes 6177
3/21/83
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS , HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, MARCH 21 , 1983.
President Clayton called the meeting to order at 7 :34 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;
Ray Rigsby, Superintendent of Public Works; Richard Kuenkler,
Village Engineer; and James Truesdell , Village Planner.
Moved by Marienthal , seconded by Stone, to approve the APPROVAL OF
minutes of the March 7, 1983 Regular Meeting. Upon roll MINUTES
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Mr. Brimm read Warrant #498. Moved by O' Reilly, seconded WARRANT #498
by Gerschefske, to approve Warrant #498 in the amount of
$397,935.55, 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.
Trustee Marienthal reported that the Public Hearing is McDONALD'S
being held in Arlington Heights this evening regarding ARLINGTON
the McDonald 's proposed on Dundee Road across from Buffalo HEIGHTS
Grove High School .
Trustee Hartstein noted that he had received a letter from SCHOOL DISTRICT
theSuperintendent u erintendent of School District #96 expressing support #96
for the aggressive pursuit of industrial and commercial
development in Buffalo Grove, indicating they would lend
whatever support they can once the program is established.
Mr. Balling will write a letter to the Super
intendent ent on
behalf of the Board thanking the District for their support,
and indicating that the Village will get back to them with
details once they are finalized.
Mr. Balling noted the submission of the Management Report MANAGEMENT
for February, 1983. There were no questions on same. REPORT
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3/21/83
Mr. Balling noted a letter from the Lexington Development BUFFALO GROVE
Corporation requesting a modification in the typical accept- COMMERCE
ance for the Commerce Center, Unit I . Mr. Balling also CENTER
referred to Mr. Kuenkler's memo to him of March 4, 1983 UNIT
regarding this subject, and Mr. Kuenkler highlighted the
items in his memo.
Mr. Rick Piggo tt of the Lexington Development Corporation
stated that they will do whatever they must to get the
subdivision up to Village standards. For the most part,
they have done this. Mr. Piggott pointed out that any
improvements that they make in front of a vacant lot are
subject to maintenance problems for the Village if the lot
is not built on for a certain period of time.
Mr. Balling stated that staff would present Unit I for
acceptance without the sidewalks and parkways, but would
process it as a complete subdivision. Mr. Piggo tt stated
that those items would become a bond for each individual
lot. Mr. Raysa questioned the amount of administrative
work involved with having an individual bond for each lot.
Mr. Raysa suggested keeping the bond outstanding right now
for the sidewalks and parkways until there is an individual
bond, and then getting a bond reduction on the Lexington
bond and switching it over to the individual lot owner.
After discussion, President Clayton polled the Board:
"Yes" indicates favor of having the Village Attorney look
into some legal means of our granting the final acceptance
of the Commerce Center minus the sidewalks, and that the
sidewalks be handled under a separate type of an agreement
to be explained at a later date; "No" indicates opposition:
YES : Marienthal , Stone, Hartstein, Gerschefske
NO: O ' Reilly (thinks they should go in now)
ABSTAIN : Schwartz
All votes are in favor of a continuous bond.
President Clayton asked the same question with regard to
parkway trees:
YES: Marienthal , Stone, Hartstein, Gerschefske
NO: O' Reilly (thinks it should go with future developer bonds)
ABSTAIN : Schwartz
Mr. Piggott stated that his understanding is that the streets
are to be surfaced now, the parkways are to be done now, leave
the parkway trees and the sidewalk out, but have a continuous
�•J bond for the parkway trees and the sidewalks which will be
reduced as the individual lots come on line and the improve-
ments are made or bonded by someone else. President Clayton
stated that that was correct.
Mr. Balling stated that the Speed Regulation and Traffic FUTURE AGENDA
Control Workshop which was scheduled for March 28, 1983 has
been rescheduled for April 11 , 1983.
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3/21/83
President Clayton asked if there were any questions from QUESTIONS FROM
the audience. There were none. THE AUDIENCE
PUBLIC HEARING - JOHNSON PROPERTY
President Clayton stated that the next item on the agenda
is the continuation of the Public Hearing regarding the
l Annexation Agreement for the Johnson Property of 52.3 acres
�•/ bounded on the North by West Drive and on the West by Wheeling
Avenue and on the South by Lake-Cook Road and on the East by
the Commonwealth Edison Company property. The continuation
of the Public Hearing commenced at 8:02 P.M.
Mr. Balling stated that staff had met with Mr. Johnson and his
III attorney and had made eight modifications to the Annexation
Agreement. He then highlighted his memo to the Board of
March 17, 1983 outlining these changes. Mr. Balling stated
that the changes have been made in a revised draft dated
March 16, 1983. Trustee Hartstein commended the Village
Attorney and staff for an excellent job in working out this
agreement.
Trustee Marienthal asked Mr. Johnson if he would be willing
to present a petition on behalf of himself and the family to
annex to the Buffalo Grove Park District, and disconnect from
the Wheeling Park District. Mr. Johnson replied that he would
not be willing to do same. Trustee Marienthal stated that he
would like to see the Village of Buffalo Grove and the Village
of Wheeling meet to see if there could be some resolution of
this matter which would be agreeable to both parties. Mr.
Johnson stated that he had no objection to this suggestion.
President Clayton asked if there were any other questions or
comments from any Board members or any public agencies or
from the audience. There were none. President Clayton
closed the Public Hearing at 8:10 P.M.
President Clayton explained the Consent Agenda, and stated CONSENT
that any member of the Board or the audience could request AGENDA
that an item be removed for full discussion. There were
no such requests.
Moved by Hartstein, seconded by Stone, to adopt Resolution RESOLUTION
#83-9, a resolution authorizing the extension of the revised #83-9
service contract between the Village of Buffalo Grove and (WRFPD Service
the Wheeling Township Rural Fire Protection District. This Contract)
legislation renews our fire service agreement with the
Wheeling Rural Fire Protection District. The net fee
collected by the Village will be $13,775. Upon roll call ,
Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein ,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried. ►"LO'
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3/21/83
Moved by Hartstein, seconded by Stone, to adopt Resolution RESOLUTION
#83-10, a resolution changing the name of a corporate savings #83-10
account of the Village of Buffalo Grove. This resolution (Bank
changes the name of the Remodeling Debt Service Fund account Resolution)
(which has been retired) to the Contractual Street Maintenance
Debt Service Fund to provide for proper accounting for this
program. 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 SIA AGREEMENT
Subdivision Improvement Agreement for the Commons of Buffalo (Commons)
Grove, Unit I . The Village Engineer has reviewed and
recommends approval of this agreement subject to receipt of
a revised engineering estimate (Exhibit E) for the bikeway/
bridge crossing. 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 HIDDEN LAKE
Appearance Commission Recommendation for Hidden Lake Village, VIRLLAGE
color change for all models. The Appearance Commission (Aesthetics)
recommends approval of this aesthetic change in the subject
property. 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 1983 ZONING
1983 Zoning Map Update. Approval of the updated zoning MAP UPDATE-
map is recommended by the Plan Commission pursuant to state
law. 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 authorize the AUTHORIZE
bidding for the 1983-1984 fleet replacements and refits. BIDDING FOR
Authority is requested to bid these equipment items 1983-1984 FLEET
�•/ authorized in the 1983-1984 Village Budget. Upon roll call , REPLACEMENT &
Trustees voted as follows : REFITS
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein ,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
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3/21/83
Moved by Stone, seconded by Hartstein, to pass Ordinance ORDINANCE
#83-14, approving the Annexation Agreement for the Johnson #83-14
Property. Upon roll call , Trustees voted as follows: (Johnson
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Property)
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by Hartstein, to pass Ordinance ORDINANCE
#83-15, annexing certain territory to the Village of Buffalo #83-15
Grove, Illinois (Johnson Property) . Upon roll call , Johnson
Trustees voted as follows : Property)
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by Gerschefske, to pass Ordinance ORDINANCE
#83-16, amending the comprehensive Zoning Ordinance of the #83-16
Village of Buffalo Grove, Cook and Lake Counties, Illinois (Johnson
(Johnson Property) . Upon roll call , Trustees voted as Property)
follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Trustee O' Reilly thanked Mr. Johnson for the effort put
forth in resolving the various issued raised by the Board.
Trustee Mariental again requested a joint meeting between
Buffalo Grove and Wheeling and the two park districts to see
if there can be some sort of agreement reached between the
two park districts where both can receive benefit from this
project. Trustee Stone stated that he had no objection to
a meeting, but he did not want to see staff spend a great
deal of time on this, since he does not think that there
will be such an agreement. There was no objection from the
Board to this meeting. Mr. Balling will contact the Buffalo
Grove Park District to see if they wish to proceed with such
a meeting.
Moved by O' Reilly, seconded by Marienthal , to pass Resolution RESOLUTION
#83-11 adopting the fiscal 1983-1984 program budget for the #83-11
Village of Buffalo Grove. Upon roll call , Trustees voted (FY83-84
as follows: Budget)
�•/ AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein ,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
U
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3/21/83
It was noted that Mr. Kuenkler will be the project manager RESOLUTION
for this program. Mr. Kuenkler stated that it is his #83-12
feeling that the $59,000.00 will be the final cost on the (Villagewide
project. There was discussion as to the definition of Street
"substantial change in scope", and at what point changes Maintenance
in scope would be brought to the Board 's attention. Moved Project)
by O' Reilly, seconded by Marienthal , to pass Resolution
#83-12, approving an agreement for preliminary engineering
services for the 1984 Villagewide contractual street main-
tenance project, with Baxter & Woodman at a maximum cost of
$59,507.28.
There was discussion regarding the language in Paragraph 2
on page 3. Mr. Frank Wellwerts of Baxter & Woodman explained
the manner in which the work is to be done. Mr. Wellwerts
stated that, if the Village should instruct him to take out
an entire street, it would not be written into the contract.
Mr. Raysa recommended that a period be inserted after
". . . .Exhibits A and B". Trustee O'Reilly and Marienthal
amended the motion to include Mr. Raysa's suggested change.
Upon roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O ' Reilly, Hartstein ,
Gerschefske, Schwartz
NAPES: 0 - None
Motion declared carried.
Trustee Stone reviewed his memo to the Board of March 17, CABLE TV
1983 regarding Cable Television Franchise Fee Use. Moved FRANCHISE FEE
by Stone, seconded by Schwartz, to use the second option,
which would be to make application for the 5% fee, earmarking
2% for local access use, and joining the other members of the
Warner Regional Cable Group in establishing a single body to
administer local access funds. Upon roll call , Trustees voted
as follows :
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
There was discussion as to possible uses for the original
3% of the franchise fee. One suggestion was to take a small
portion per year and use it for equipment needed by the staff
to maintain or add to the video equipment which they presently
have. Trustee Stone stated that the Village must justify that
they are deserving of the 3% and that it will be used for
�•/ regulation; it does not mean that the entire amount must be
used for regulation, nor does it have to be a direct expense.
It was determined that there should be staff and Board
suggestions for this money, in addition to comments from Mr.
Raysa after he has had a chance to review the FCC regulations.
President Clayton declared a recess from 8:43 P.M. until RECESS
8 :55 P.M.
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3/21/83
Mr. Balling noted a packet of information put together BUFFALO
by staff dated March 17, 1983 regarding the Municipal GROVE
Scavenger Service. It is Mr. Balling 's recommendation DISPOSAL
that the Village pursue exercising its rights under the CONTRACT_
renewal provision of the existing 1978 contract, with
several substantive modifications. The current contractor
is meeting or exceeding the contract requirements with
regard to service level . Under the renewal provisions
of the contract, staff would propose a rate freeze to be
carried forth through May of 1984. There would be a
transfer of the billing operations from the Village to
Buffalo Grove Disposal , Inc.
Mr. James Raupp thanked the Village and the Board for the
cooperation shown throughout the years that his company has
served the Village. The disposal company will take over
the billing. The new escalation is approximately 2/3 of
what has been increased in the past. Mr. Raupp stated that
he thinks that Waste Management is #1 in the industry. He
has asked Waste Management to hold the Village free of any
anti-trust suits , and has gotten full support from Waste
Management.
Lengthy discussion ensued regarding whether to extend the
present contract, or to let the contract out for bid. All
Trustees thanked Mr. Raupp for the excellent service he has
provided to the Village. Some Trustees were in favor of
letting the contract out for competitive bids , and others
were in favor of extending this contract because the service
has been exemplary. There was also discussion regarding the
possibility of having once-per-week pick-up during the winter
months, and twice-per-week pick-up during the summer months.
Several Trustees indicated that they would be inclined to
extend the current contract, since the Village is assured of
continued excellent service with the current contract, but
could not be assured of that same level of service if the
contract were let out for bids , even though the price might
be slightly lower. Mr. Balling pointed out that it is
difficult to define quality service in bid specifications, and
once the contract is let out for bids, the contract must go to
the low bidder, unless cause is shown why the low bidder does
not meet specifications.
Mr. Raupp stated that he believes that the rate freeze will
bring their rates in line with all other companies. It was
requested that there be a proposal drawn up showing the rate
differential with once-per-week pick-up for 6 months, and twice-
per-week pick-up for 6 months.
President Clayton polled the Board : "Yes" indicates favor
of finalization of the contract to renew the disposal contract
with Buffalo Grove Disposal , bringing it back to the Board as
soon as possible; "No" indicates opposition:
YES: Marienthal , O' Reilly, Hartstein, Gerschefkse, Schwartz
NO: Stone
Mr. Raupp thanked the Board for their consideration.
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3/21/83
Moved by Schwartz, seconded by Gerschefske, to adjourn ADJOURNMENT
the meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 9:38 P.M.
Janet IJSirabian, Village Clerk
APPROVED BY ME THIS DAY
OF , 1983.
-(7-Z
illage President
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