1981-06-01 - Village Board Regular Meeting - Minutes 5850
6/1/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBER, VILLAGE HALL, JUNE 1 , 1981 .
President Clayton called the meeting to order at 7: 30 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 , O'Reilly, Hartstein, and
Schwartz. Trustees Stone and Gerschefske were absent.
Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; William Sommer, Assistant
Village Manager; Gregory Boysen, Director of Public Works;
and Richard Kuenkler, Village Engineer. William Brimm,
Finance Director; Carmen Molinaro, Director of Golf
Operations; and Paul Kochendorfer, Village Treasurer;
arrived later in the meeting.
Moved by O' Reilly, seconded by Schwartz, to approve the APPROVAL OF
minutes of the May 18, 1981 Regular Meeting.. The following MINUTES
li corrections were made to those minutes:
Page 5843 - 1st paragraph under Checker/Busch Road
Resurfacing: The word "annual " in the last line should
be deleted.
Page 5845 - The following paragraph should be inserted
at the bottom of the page: Mr. Raysa pointed out to the
Board that the Board was relaxing the requirements on the
developer established in the court approved Chesterfield
settlement agreement , e.g. freezing the requirements of
Ordinance #72-35, instead of the new donation ordinance;
downzone to R-1 on September 6, 1982, etc.
Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , O 'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried .
Mr. Kochendorfer read Warrant #454. Moved by Hartstein , WARRANT #454
seconded by Schwartz, to approve Warrant #454 in the amount
of $395,977.25, authorizing payment of bills listed. It
was requested that $103,740.40 to Charles Fiore Nurseries
(Vendor #028300) be removed from the Warrant for the present .
Trustee Hartstein amended the motion to approve Warrant #454,
minus $103,740.40 to Charles Fiore Nurseries; Trustee
Schwartz seconded the amendment . Upon roll call , Trustees
voted as follows :
AYES: 4 - Marienthal , O 'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried .
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President Clayton appointed Mel Cea to the Appearance APPEARANCE
Commission for a term to expire April 30, 1982. Moved COMMISSION
by Schwartz, seconded by Hartstein, to concur with APPOINTMENT
President Clayton 's appointment. Upon voice vote, the
motion was unanimously declared carried.
President Clayton read a Certificate of Appreciation CERTIFICATE OF
to the Buffalo Grove Junior Women 's Club for their cash APPRECIATION
donation for equipment for the new ambulance. Carol Hall
accepted the Certificate on behalf of the Junior Women 's
Club. Chief Winter added his appreciation for the
donation. Mrs. Hall thanked the Village for their co-
operation, and offered the help of the Junior Women 's
Club in the future.
Mr. Glen Ahrenholz, Chairman of the Transportation Commission, TRANSPORTATION
presented the Annual Report of the Commission to the Board. COMMISSION
The 1980 Annual Report of the Transportation Commission is
on file in the Clerk's office. Mr. Ahrenholz pointed out
that the success of the 690 bus route has been publicized
around the nation.
Mr. Robert Pinzur, the Village's representative on the
NORTRAN Board, explained some of the contingency plans
in case of an RTA shutdown. He also reported on the
progress being made toward acquiring a Soo Line Railroad
station in Buffalo Grove, as well as other activities of
! the NORTRAN Board. President Clayton thanked Mr. Ahrenholz
and Mr. Pinzur for the report , as well as all of the hard
work of the Commission.
Mr. Sommer reviewed his May 28, 1981 memo to Mr. Balling AMENDMENT TO
regarding possible amendment to Ordinance #79-63. ORDINANCE #79-63
Mr. Balling noted the opinions of the school districts
with regard to declining enrollment. Trustee O 'Reilly
noted that the current Park District proposal is not
included in this report. Mrs. O'Reilly suggested a work-
shop to discuss all aspects of the ordinance and have the
participants present. Trustee Hartstein agreed with the
suggestion of a workshop; Mr. Hartstein also suggested
that the Village Attorney give the Board a complete update
on the status of the law with regard to what may or may not
be proper justification under existing case law, not only
in Illinois , but in other states as well . Trustee
Marienthal stated that he would also like to have input
from various school districts. Mr. Sommer stated that the
earliest possible dates for a workshop would be either the
4th Monday in June, or the 2nd Monday in July.
Trustee Hartstein reviewed Ingrid Park's memo of May 27, SOO LINE RAIL
1981 regarding the Soo Line Rail Station Location. Moved STATION
by Hartstein, seconded by O' Reilly, that the Village Board
concur with the recommendations jointly adopted by the Plan
Commission and the Transportation Commission relating to
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6/1/81
suitable locations for a railway station in the event that
the Soo Line becomes a commuter railroad. Upon voice vote,
the motion was unanimously declared carried.
Trustee O'Reilly reported on the meeting with the Youth YOUTH COMMISSION
Commission last Tuesday evening. The Youth Commission did
ask the Park Board to consider staffing of the Youth Center
for five hours on Friday night, and hopefully also for five
hours on Sunday night. Omni-House would remain as it is now
�•/ on a referral basis. The Youth Commission has been asked
for establishment of goals and objectives , which will be
forthcoming. The Village participation remains the same,
i .e. the building remains available to the Youth Commission,
and the Village has no staff participation. Mrs. O' Reilly
did not recommend dissolving the Youth Commission now, but
asked that the Board consider that possibility in 120 days
if the five hour staffing does not work out. The Park Board
has informed Mrs . O' Reilly that, if they were to take the
Youth Commission, it would have to be in the format that they
could work with.
Trustee Hartstein discussed his thoughts regarding a ban HANDGUN CONTROL
on the sale of handguns in the Village. Mr. Hartstein
asked fora polling, on a conceptual level , in support of
asking the Village Attorney to prepare a resolution which
would urge both the state legislature and the federal
government to pass appropriate legislation relating to
the sale of handguns.
President Clayton polled the Board : "Yes" indicates
favor of the Village Attorney drafting such a resolution;
"No" indicates opposition :
Trustee Marienthal - In favor of such a resolution, but
thinks it should begin with the sale of the
ammunition.
Trustee O'Reilly - No
Trustee Hartstein - Yes
Trustee Schwartz - Yes. There is a woman in the Northwest
suburban area who has formed a group to create
legislation to control handguns, and Mr. Schwartz
thinks we should communicate with her.
�•J Trustee Hartstein asked that the Trustees give their thoughts
on this proposed resolution to Mr. Raysa.
Trustee Marienthal stated that the Plan Commission Public TOWN CENTER
Hearing on the Town Center was continued, at the request of
the developer, until June 17, 1981 .
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6/1/81
Mr. Balling noted the filing of the Monthly Activities Report MONTHLY ACTIVITIES
for the month of April . He pointed out that the Monthly REPORT
Summary reports for February, March, and April are now
attached to the report from the Police Department , as a
result of their upgrading in their reporting system, and
the annual report from the State.
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. There were
no such requests .
Moved by Marienthal , seconded by O' Reilly, to accept GREEN KNOLLS
Appearance Commission recommendation for Weaver Home
(Green Knolls) : architecture, materials, colors, exterior
lights . Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein , Schwartz
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by Marienthal , seconded by O 'Reilly, to accept CHATHAM MANOR
Appearance Commission recommendation for Chatham Manor (PHASE II
(Phase I) : lighting fixtures , entrance monument , exterior
lighting. Upon roll call , Trustees voted as follows:
AYES : 4 - Marienthal , O' Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
President Clayton stated that discussion on Reservoir #7 RESERVOIR #7
would be delayed until the Village Attorney returns .
Mr. Richard Huso, 660 Raupp Boulevard, related to the Board PARKING PROBLEMS -
a problem in that area with the parking for baseball games KILMER SCHOOL
at Kilmer School . Mr. Balling will have staff investigate
the problem and report back to the Board and Mr. Huso.
Mr. Brimm presented and explained the Golf Operations Audit GOLF OPERATIONS
for fiscal 1980. He then answered questions on same from AUDIT - 1980m
Trustees. It was requested that purchases of merchandise
be monitored more closely. Discussion then took place
regarding the date to be set for a workshop which would be
held in relation to the method to be used to set starting
times. It was stated that the date should be set now so
that it could be posted at the Golf Course; the date for
the workshop was set for September 14, 1981 .
Mr. Balling thanked Mr. Molinaro for the good year that the
Golf Course had in 1980; Mr. Molinaro thanked Mr. Brimm for
all of his assistance. Moved by Marienthal , seconded by
O ' Reilly, to accept the Golf Operations Audit. Upon roll
call , Trustees voted as follows :
AYES: 4 - Marienthal , O' Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
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6/1/81
Mr. Balling explained the proposed VAGA Intergovernmental VAGA INTER-
Agreement. Trustee comments included the fact that this GOVERNMENTAL
would add another layer of government; and the fact that AGREEMENT
the agreement does not mean anything. Moved by Marienthal ,
seconded by O'Reilly, not to participate in the VAGA
Intergovernmental Agreement as submitted to the Village.
Upon roll call , Trustees voted as follows:
AYES : 4 - Marienthal , O' Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Discussion took place between the Board and the developer CHATHAM MANOR
regarding the four items in Mr. Balling's memo to the Board UNIT
dated May 28, 1981 . After discussion on the first item,
the contribution to the Library District, President Clayton
polled the Board : "Yes" indicates favor of upholding the
library contribution as outlined in the Annexation Agree-
ment; "No" indicates opposition :
YES - Marienthal , O'Reilly, Hartstein , Schwartz
NO - None
ABSENT - Stone, Gerschefske
The second item for discussion was Village participation
in the oversizing of the lift station. Staff answered
questions from the Trustees on the subject. It was
suggested that staff prepare cost justification for doing
this right now rather than trying to secure a federal grant.
Mr. Balling pointed out that staff is not giving up on the
grant, but there are no guarantees that Buffalo Grove will
receive one. Mr. Ted Shapero, attorney for the developer,
stated that they will agree to participate with the Village,
and estimates this additional contribution to be $40,000.
Mr. Balling stated that the construction of the lift station
would be handled as a subdivision improvement. Staff stated
that the south central Cook County portion of the Village
will benefit from the lift station. President Clayton polled
the Board: "Yes" indicates favor of the recommendation to
oversize the lift station at an estimated cost to Buffalo
Grove of approximately $154,000; "No" indicates opposition:
YES - Marienthal , O'Reilly, Hartstein, Schwartz
NO - None
ABSENT - Stone, Gerschefske
The third item was that of the pavement evaluation design
criteria. Trustee Marienthal stated that he thinks Village
standards should be met. Mr. Shapero stated that the
developer is withdrawing this request.
Mr. Balling explained the fourth item, regarding the bed-
room mix, and referred to the letter from Michael L. Ives
and Associates dated April 27, 1981 . President Clayton polled
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the Board: "Yes" indicates favor of the new mix of
bedroom units ; "No" indicates opposition :
YES - Marienthal , O 'Reilly, Hartstein, Schwartz
NO - None
ABSENT - Stone, Gerschefske
Discussion then took place regarding Mr. Kuenkler's memo
to Mr. Balling of May 29, 1981 . President Clayton polled
the Board: "Yes" indicates favor of the recommendations
in Mr. Kuenkler 's May 29, 1981 memo, including the whole
recommendation in point #2; "No" indicates opposition:
YES - Marienthal , O' Reilly, Hartstein, Schwartz
NO - None
ABSENT - Stone, Gerschefske
II
Regarding item #1 - Flood Plain, Mr. Raysa wants the record
to reflect that the developer understands that the developer
proceeds at his sole risk and that the developer may expend
substantial sums of money. Mr. Shapero stated that they will
assume the risk of anything relating to this property.
President Clayton polled the Board: "Yes" indicates favor
of the flood plain recommendations as outlined in Mr.
Kuenkler 's memo of May 29, 1981 , as well as incorporating
Mr. Raysa 's statement; "No" indicates opposition:
YES - Marienthal , O'Reilly, Hartstein, Schwartz
NO - None
ABSENT - Stone, Gerschefske
President Clayton polled the Board: "Yes" indicates favor
of Paragraph 18 of the SIA as written; "No" indicates
opposition :
YES - Marienthal , O' Reilly, Hartstein , Schwartz
NO - None
ABSENT - Stone, Gerschefske
Mr. Kuenkler stated that , in Paragraph 22, the developer
requests 12% interest on recapture. President Clayton polled
the Board : "Yes" indicates favor of the 12% interest on
recapture; "No" indicates opposition :
YES - Marienthal , O ' Reilly, Hartstein, Schwartz
�.� NO - None
ABSENT - Stone, Gerschefske
Moved by Marienthal , seconded by O' Reilly, to approve the final
plat of subdivision unit, subject to the Village Engineer 's memo
dated May 29, 1981 , and also the items polled this evening. Upon
roll call , Trustees voted as follows :
AYES: 4 - Marienthal , O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
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6/1/81
Mr. Shapero thanked the Board and staff for their
cooperation with this development.
Mr. Raysa explained the status of the proposed ordinance RESERVOIR #7
accepting an agreement to purchase property for the develop-
ment of Reservoir #7. Mr. Raysa recommended that the Village
Board not act on this ordinance tonight.
Mr. Balling stated that there could be a short Special
Meeting held on June 8, 1981 to take care of items XI , a. ,
and XIII . , c. , on tonight 's agenda.
President Clayton declared a recess from 9:35 P.M. until RECESS
9:55 P.M.
Mr. Balling presented the discussion draft of the Buffalo BUFFALO GROVE/
Grove/Wheeling Boundary Agreement, and briefly explained WHEELING BOUNDARY
the concept to the Board. AGREEMENT
Trustee Hartstein thanked President Clayton for her
significant effort on behalf of Buffalo Grove in trying to
accomplish what he considers to be a great step forward in
trying to resolve a land dispute area which has been present
for many years. Since this entire parcel of land is currently
under petition for annexation to the Village of Wheeling,
Trustee Hartstein feels that it is very significant that
President Clayton has, on an informal basis , been able to .
secure the agreement for the annexation of Parcel C to
Buffalo Grove, and that the addition of this parcel would
be valuable as future industrial development. Mr. Hartstein
strongly feels that the Board should be supportive of this
concept.
Trustee Marienthal stated that he does not share Trustee
Hartstein 's views , and feels that this would be a step
backward for Buffalo Grove. Mr. Marienthal thinks that
it would be selling out both the residents of Buffalo Grove,
and Lake County, with whom Buffalo Grove has had an agreement
for a number of years. Mr. Marienthal stated that he cannot
support this particular Boundary Agreement.
Trustee O ' Reilly asked if the agreement would be invalidated
if Buffalo Grove assigns the rights of the 1972 sewer agreement.
Mr. Raysa stated that it would not invalidate the agreement,
but would just invalidate the assignment; however, he stated
that he would have to review the entire agreement before making
a determination. Further discussion followed on the sewer
agreement.
Trustee O' Reilly stated what she thinks Buffalo Grove will give
up by making this agreement with Wheeling: 1) Buffalo Grove 's
voice to plan 150 acres which has continually been on our
Comprehensive Plan; 2) Buffalo Grove will jeopardize its sewer
agreement with Lake County; 3) Buffalo Grove will jeopardize
I
u
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the rate formula that Lake County residents live with;
4) Buffalo Grove will lose its voice and accept multiple
zoning on a piece of property that is in its Master Plan ;
5) the possibility of litigation with Lake County.
Trustee Schwartz stated that he feels the Soo Line tracks
are an obvious boundary, and thinks that we should take the
opportunity to obtain some industrial property adjacent to
the Buffalo Grove Commerce Center.
�-/ President Clayton then read a statement from Trustee Gerschefske
(on file in the Clerk's office) urging the Board not to enter
into this Boundary Agreement.
President Clayton asked Mr. Samuel Lee of Lake County if he
had any comments on the subject, and he said that he did not .
Former Trustee, Clarice Rech, made a statement urging the
Board to uphold the sewer agreement for which the Village
fought so hard, and not to enter into this Boundary Agreement
with Wheeling.
Moved by Hartstein, seconded by Schwartz, that the Village
Attorney be directed to draft a Boundary and Planning
Agreement with the Village of Wheeling, based upon the
discussion draft and the exhibit demonstrated tonight, and
that this particular exhibit and discussion draft be forwarded
to the Plan Commission for their input; and that the discussion
take place at the Plan Commission at the earliest possible time,
and that this matter be put back on the Village Board agenda
for vote on a formal Boundary Agreement based upon that input;
and direct the Village Attorney to evaluate all the legal
ramifications and what legal approaches can be utilized to
accomplish the result discussed in the discussion draft.
Upon roll call , Trustees voted as follows:
AYES: 3 - Hartstein, Schwartz, President Clayton
NAPES: 2 - Marienthal , O' Reilly
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
President Clayton read a letter from Mr. Johnson regarding CHEVY CHASE SEWER
the Chevy Chase Sewer and Water Company, petitioning the AND WATER COMPANY
Village of Buffalo Grove for its consent to a hook-on of
Chevy Chase Treatment Plant and its sewer customers to the
Des Plaines River Regional Treatment Plant in Vernon Town-
ship. Mr. Johnson was in the audience, and stated that the
letter just read states everything which needs to be said.
Trustee Hartstein commented on the situation , and stated
that because of the possible Boundary Agreement, it would
be advisable to seek a 90 day extension.
Moved by Hartstein, seconded by Schwartz, that acknowledges
that the Village of Buffalo Grove is working with the Village
of Wheeling in order to address the servicing of the sector
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which includes the Chevy Chase Utility Company, acknowledging
that Buffalo Grove continues to be concerned with pollution
abatement generally, and specifically with the solutions to
the Chevy Chase Utility Company, and formally requesting that
the Pollution Control Board grant a 90 day extension to permit
the Village of Buffalo Grove to negotiate a Boundary Agreement
and Planned Use Agreement as a good faith effort to deal with
the particular conserns raised by the pollution situation
relating to the Chevy Chase Utility Company. Upon roll call ,
L/ Trustees voted as follows:
AYES : 3 - O'Reilly, Hartstein , Schwartz
NAYES: 1 - Marienthal
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by Hartstein, seconded by Schwartz, to adjourn to ADJOURNMENT
Executive Session to discuss matters of personnel . Upon
roll call , Trustees voted as follows :
AYES: 3 - Hartstein, Schwartz, President Clayton
NAYES: 2 - Marienthal , O 'Reilly
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
The meeting adjourned to Executive Session at 10: 39 P.M.
The Executive Session terminated at 12:35 A.M.
Janet M. ,S, rabian, Village Clerk
APPROVED BY ME THIS V‘5-4- DAY
OF Lavi----__ 1981 .
17
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Village
President