1981-06-15 - Village Board Regular Meeting - Minutes 5861
6/15/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, JUNE 15, 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 Clayton; ROLL CALL
�•/ Trustees Marienthal , Stone, O'Reilly, Hartstein, and Gerschefske.
Trustee Schwartz was absent. Also present were: William Balling,
Village Manager; William Raysa , Village Attorney; William Sommer ,
Assistant Village Manager; William Brimm, Finance Director;
Gregory Boysen, Director of Public Works; Raymond Rigsby,
Superintendent of Public Works; Richard Kuenkler, Village
Engineer; James Truesdell , Village Planner; Police Chief
Harry Walsh; Paul Kochendorfer, Village Treasurer.
Moved by Hartstein, seconded by O'Reilly, to approve the APPROVAL OF
minutes of the June 1 , 1981 Regular Meeting. The following MINUTES
correction was made to the minutes:
Page 5852: The polling regarding handgun control should
show that Trustee Stone was absent, and that
Trustee O'Reilly voted "No".
Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein , President Clayton
NAYES: 0 - None
ABSENT: 1 - Schwartz
ABSTAIN: 2 - Stone, Gerschefske
Mr. Brimm read Warrant #455. Moved by Stone, seconded by WARRANT #455
Gerschefske, to approve Warrant #455 in the amount of
$629,433.67 , authorizing payment of bills listed . After
discussion on removing the fuel purchase from Lake Cook Farm
Supply from the Warrant until a report is forthcoming from
staff, President Clayton polled the Board : "Yes" indicates
favor of removing the fuel purchase from the Warrant ; "No"
indicates opposition:
YES: Marienthal , O'Reilly, Gerschefske
NO: Stone, Hartstein
ABSENT: Schwartz
Trustee Stone amended the motion to approve Warrant #455 minus
$16,547.98 to Lake Cook Farm Supply (Vendor #051251 ) ; Trustee
Gerschefske seconded the amendment. Upon roll call , Trustees
voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried .
Mr. Balling stated that the information will be ready, and the
item will be back on the Warrant for July 6, 1981 .
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President Clayton stated that a Certificate of Appreciation CERTIFICATE OF
is being given to Christopher Palmer for his service on the APPRECIATION
Fire and Police Commission. Mr. Palmer has moved out of state,
and President Clayton noted the Village's appreciation for his
service.
President Clayton appointed Dwight Hall to the Blood Commission BLOOD COMMISSION
for a term to expire April 30, 1984. Moved by Hartstein, APPOINTMENT
seconded by O'Reilly, to concur with President Clayton's
appointment. Upon voice vote, the motion was unanimously
declared carried.
President Clayton introduced the new reporter from the Herald, HERALD REPORTER
Karen Huelsman, to the Board and the audience, and welcomed
her to the meetings.
Trustee Hartstein noted the information in tonight 's packets NORTRAN
relating to a request from Nortran for a loan of $10,000,
and asked the Village's representative to Nortran, Mr. Robert
Pinzur, to give the Board the details of this request.
Mr. Pinzur first explained to the Board the steps that Nortran
has taken to avoid a shut-down. Mr. Pinzur stated that the
Nortran Board voted to ask each member community for a loan,
the amount being determined by the size of the community; Buffalo
Grove is being asked to loan Nortran $10,000. The money that
would be gained by these loans would be used only as a last
resort, i .e. if there were no other funds available, and if
the union and the staff refused to take a deferral of wages.
North Suburban Mass Transit District would sign a note, which
would be non-interest bearing. Under the agreement with the
RTA, Nortran is not authorized to sign a note which includes
interest without RTA approval . An immediate request would
be made for RTA approval to pay interest on the loans, if the
communities desired interest.
Mr. Pinzur stated that the City of Evanston was very much in
favor of the loan, although no formal action has been taken;
it is also anticipated that Des Plaines and Skokie will act
favorably on the loans. Mr. Pinzur suggested that Buffalo
Grove take the first formal action , and be the impetus for
the entire district to make the loan commitments. Mr. Pinzur
also suggested that Buffalo Grove commit a loan, making it con-
tingent on payments of contributions from other communities in
excess of $70,000, and also contingent on the fact that no monies
will be turned over from Buffalo Grove until the need is there.
It has also been suggested that each rider on Nortran be charged
a 25 surcharge. Mr. Pinzur believes it is important to make
an immediate decision regarding the loan so that the funds will
be available if needed. Mr. Pinzur then explained the con-
tingency plans in the event that the Milwaukee Road and the
Northwestern Railroads shut down. Mr. Pinzur estimated that ,
if loans were received from a substantial number of communities,
Nortran would be able to run for at least another 2 weeks. The
loan repayments to the communities would be the #1 priority,
after the FICA taxes have been paid, which Mr. Pinzur suggested
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6/15/81
be another contingency of the loan. Mr. Pinzur did admit
that , as with any loan, there is the possibility of default.
He said that the loan would not have anything to serve as
collateral , because Nortran does not own their equipment;
Nortran equipment is owned by the RTA.
In answer to aquestion regarding buses seen runningempty,
9 9 P Y,
Mr. Pinzur explained that the buses are empty at the beginning
and the end of the runs; and that the drivers are under contract
and must be paid anyway. He stated that he would be reluctant
to eliminate any runs , since the Transportation Commission worked
very hard to get these runs, and once they are eliminated, they
would be difficult to restart.
A polling was taken, with each Trustee giving their general
position on the loan, and what type of conditions they would feel
to be appropriate:
Trustee Marienthal - would consider an interest-bearing note,
with collateral
Trustee Stone - would consider with collateral
Trustee O'Reilly - would not consider a loan at all
Trustee Hartstein - would consider a loan with the type of
contingencies suggested by Mr. Pinzur
Trustee Gerschefske - would consider a loan with interest
and collateral
Mr. Pinzur suggested that the Board take some affirmative action,
by voting for an interest-bearing note with collateral , and then
let Nortran present that to the RTA.
Mr. Raysa stated that not all of the 21 municipalities in Nortran
are Home Rule, and he questioned whether or not those non-Home
Rule municipalities would have the power to make a loan. Mr.
Pinzur stated that he would look into that and get an answer for
Mr. Raysa. Mr. Raysa stated that if these loans are made by the
21 municipalities, he would like to see all 21 municipalities
set up the loan the same way.
Mr. Pinzur pointed out that Nortran is a public, rather than a
private, body. Mr. Raysa stated that public funds could not be
used for a private purpose. Mr. Raysa also stated that there
was no appropriation or line item for this loan. Mr. Pinzur
stated that he would check into the possibility of the RTA co-
signing the note. Mr. Raysa stated that he would want to talk
with the other municipalities, and said that he cannot at this
time give a definite legal opinion regarding the loan of money
to 2111-AD
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Moved by Hartstein, seconded by Marienthal , to direct
our Nortran representative to explore the possibility of a
secured and interest-bearing loan co-signed by RTA or its
successor in connection with the loan request , with the
understanding that any action by this Board in the event that
such was a possibility would be subject to further review as
to legal ramifications by our Village Attorney. Discussion
regarding possible types of security and the possible 25
surcharge followed. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Trustee Stone reported that the Northwest Municipal Conference CATS COUNCIL OF
has elected President Clayton to represent the Northwest MAYORS
Council on the Executive Committee of the CATS Council of
Mayors. At the Executive Committee Meeting on June 8, President
Clayton was elected Vice President of the Council of Mayors, and
as such will represent the 262 Mayors on the CATS Work Program
Committee. Also, on June 18th, President Clayton, as Vice-Chairman
of CATS, will travel to Washington, D.C. and appear before the
Senate Subcommittee on Transportation to support the continued
consideration of the FAU Program. President Clayton stated that
she looks forward to reporting to the Board on her trip to
Washington.
Mr. Balling reported on the staff investigation of a complaint PARKING COMPLAINT
regarding parking by Mr. Huso of Golfview Terrace. Chief Walsh GOLFVIEW TERRACE
was also available for comment . It was determined that Chief
Walsh's memo on the subject was very thorough, and , therefore,
there were no questions from Trustees.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience. There were none. THE AUDIENCE
President Clayton explained the Consent Agenda, and stated CONSENT AGENDA
that any member of the Board or the audience could request
that an item be removed for full discussion. It was requested
that Items XI , I ; and XII , A be removed from Consent.
Moved by Stone, seconded by O'Reilly, to pass Resolution #81 -28, RESOLUTION #81-28
establishing prevailing wages. Illinois Statutes require (Prevail`ing Wages)
municipalities to verify prevailing wages on an annual basis .
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NAYES: 0 None
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to pass Resolution #81-29, RESOLUTION #81 -29
Banking Resolution (wire transfers Bank of Elk Grove) . The (Bank/Wire Trans.) ,
subject resolution specifically permits wire transfers of
deposited funds for Village purposes. Upon roll call , Trustees
voted as follows:
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6/15/81
AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried .
Moved by Stone, seconded by O'Reilly, to pass Resolution #81 -30, RESOLUTION #81-30
appropriating funds for signal improvement (Busch/Checker/IL.83) . S gna1I mprove-
The Village of Buffalo Grove, in our FY 81-82 budget, provides ment
for $6,000 of Village funds to partially pay for this $90,000
project. The additional $10,000 from budget will be made up by
reducing this contract reconstruction program which is being
transferred from S . Raupp Blvd. to Busch/Checker resurfacing.
Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to pass Resolution #81 -31 , RESOLUTION #81-31
approving plans and specifications and accepting agreement (Busch/Checker)
(Busch/Checker/IL 83) . IDOT requires a written agreement IL 83) -
prior to their financial participation in local projects.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to pass Ordinance #81 -31 , ORDINANCE #81 -31
amending title 10 of the Municipal Code (speed along Busch/ (Speed 'Limits�3
Checker Roads) . This ordinance clarifies the speed limit on
Checker Road and Checker Drive and establishes a municipal
speed limit on Busch Road. Upon roll call , Trustees voted as
follows:
AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by Stone, seconded by O' Reilly, to reject all bids for VEHICLE BID
Building & Zoning sedan; Fire Department station wagon; and REJECTION
Public Works 4-wheel drive vehicle. Upon roll call , Trustees
voted as follows :
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by Marienthal , seconded by O'Reilly, to pass Ordinance ORDINANCE #81-32
#81-32, accepting amendment to annexation agreement (Grove (Grove Terrace
Terrace Condominiums) . The Second Amendment will be dated Condos)
June 15, 1981 . Upon roll call , Trustees voted as follows :
AYES : 5 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
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Moved by Marienthal , seconded by Gerschefske, to pass Ordinance ORDINANCE #81-33__
#81 -33, amending Ordinance #78-47 and #79-7 (Grove Terrace (Grove Terrace
Condominiums) . Upon roll call , Trustees voted as follows: Condos)
AYES: 5 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by Stone, seconded by O ' Reilly, to pass Resolution #81 -33, RESOLUTION #81-33
concerning the Land & Lakes Landfill to respond to IEPA and (Land & Lakes
VAGA. Upon roll call , Trustees voted as follows: Landfill )
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefkse
NAYES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Trustee Hartstein highlighted the contents of Mr. Truesdell 's ORDINANCE #81-34
memo to Mr. Balling of June 11 , 1981 , subject ZONING ORDINANCE (Zoning Ordinance
AMENDMENT - ARTICLE XIII , SECTION 4. Trustee Stone stated his Amendment)
disapproval of this change in the Zoning Ordinance. Discussion
on the pros and cons of thi's amendment to the Zoning Ordinance
followed. Moved by Hartstein, seconded by Gerschefske, to pass
Ordinance #81-34, amending the Buffalo Grove Zoning Ordinance
to provide variation authority for the B-5 district. Mr. Raysa
pointed out that the Zoning Ordinance cannot be amended until
there is a Public Hearing. Trustee Marienthal stated that he
wished to be sure that any variations would come before the
Board of Trustees. President Clayton pointed out that the Plan
Commission would still be handling the plan as they have in the
past; however, if a plan they are looking at needs a varation ,
this provides the mechanism for that. Trustee Hartstein noted
that the Board of Trustees could accept or reject any recommenda-
tion from the ZBA. Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein , Gerschefske
NAYES : 1 - Stone
ABSENT: 1 - Schwartz
Motion declared carried.
Trustee O'Reilly stated her concern with the choice of the ORDINANCE #81-35
north/west side of Checker Drive being a "no parking" area; (No parkingon
she explained the problems that this would cause in relation IL $3, Busch &
to Willow Grove School traffic. Mr. Boysen explained the Checker Dr.)
reason that the proposed ordinance was written as such . Moved
by O'Reilly, seconded by Stone, to pass Ordinance #81-35,
amending title 10 Buffalo Grove Municipal Code (No Parking on
�.i IL 83, Busch and Checker Drive) , with the following changes:
Section 2; Paragraph 34; 1st line to read: "On the south and
east sides of Checker Drive," 3rd line to read: "83, and on the
west side of Checker Drive,". In order to comply with the plans
and specifications for the Busch/Checker/83 interchange improve-
ment, no parking restrictions must be posted. In order to
satisfy the FAU requirements in connection with the Busch/Checker
resurfacing, parking must be restricted generally to one side only.
Upon roll call , Trustees voted as follows:
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AYES : 5 - Marienthal , Stone, O ' Reilly, Hartstein , Gerschefske
NAYES : 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Trustee Marienthal stated his reasons for requesting that PUBLIC WORKS
the High Velocity Sewer Cleaner and Aerial Tower bid award EQUIPMENT BID
be removed from Consent Agenda. Mr. Balling and Mr. Rigsby AWARD
went into detail as to why these items should be replaced.
Moved by Gerschefske, seconded by Hartstein, to award bids
for a High Velocity Sewer Cleaner to Hillsman Equipment for
$21 ,089; and for a 50' Aerial Tower with chipper to Illinois
Truck & Equipment for $49,380. The FY 81-82 and reserves in
the Central Garage Fund more than adequately cover the purchase
of these pieces of equipment for the Department of Public Works .
The sewer cleaner is being traded rather than auctioned since
the equipment must be removed and replaced on chassis. The
aerial bucket is being traded because it is a reasonable
trade in value. Upon roll call , Trustees voted as follows:
AYES : 4 - Stone, O'Reilly, Hartstein, Gerschefske
NAYES: 1 - Marienthal
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by O 'Reilly, seconded by Hartstein, to adjourn to ADJOURNMENT
Executive Session to discuss personnel . Upon voice vote,
the motion was unanimously declared carried. The meeting
adjourned to Executive Session at 8:50 P.M. The Executive
Session terminated at 10:20 P.M.
Janet (MX. Sirabian, Village Clerk
APPROVED BY ME THIS w DAY
OF , 1981 .
In11age President