1981-07-06 - Village Board Regular Meeting - Minutes 5868
7/6/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, JULY 6, 1981
President Clayton called the meeting to order at 7:40 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, Hartstein, Gerschefske and Schwartz.
Trustee O'Reilly was absent. Also present were: William Balling,
Village Manager; Richard Raysa, Acting Village Attorney; William
Sommer, Assistant Village Manager; William Brimm, Finance Director;
Gregory Boysen, Director of Public Works; Frank Hruby, Director
of Building & Zoning; Richard Kuenkler, Village Engineer; Raymond
Rigsby, Superintendent of Public Works; and Paul Kochendorfer,
Village Treasurer.
Moved by Marienthal , seconded by Gerschefske, to approve the APPROVAL OF
minutes of the June 8, 1981 Special Meeting. Upon roll call , MINUTES
Trustees voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, Schwartz
NAPES: 0 - None
ABSENT: 1 - O'Reilly
Moved by Marienthal , seconded by Stone, to approve the minutes of
the June 15, 1981 Regular Meeting. Upon Roll call , Trustees voted
as follows:
AYES: 4 - Marienthal , Stone, Hartstein, Gerschefske
NAPES: 0 - None
ABSTAIN: 1 - Schwartz
ABSENT: 1 - O'Reilly
The approval of the Warrant was delayed until after Old Business WARRANT
Item A.
President Clayton read a Proclamation designating July, 1981 as CPR PROCLAMATION
CPR Month in Buffalo Grove.
President Clayton reported that she and Trustee Stone attended NIPC
the Assembly of Mayors and Village Presidents last week, at
which time two new commissioners were elected to NIPC.
President Clayton reported that she attended a CATS Council of CATS COUNCIL
Mayors meeting today. Plans were made for another trip to OF MAYORS
Washington, D.C. ; President Clayton will be representing the
group before the Transportation Committee of the House of Rep-
resentatives to promote extension of FAU funding. After the
meeting, Mayor Byrne invited the Mayors and Presidents to lunch,
and indicated that she would like to meet with suburban mayors on
a regular basis.
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7/6/81
Trustee Marienthal reported that he will be making a presentation LIBRARY DISTRICTS
on July 29 to the Indian Trails Library District regarding the
use of the Forsythe House in the Town Center. He is in the
process of trying to set up a meeting with the Vernon Area
Library District, and will keep the Board apprised on the matter.
Trustee Gerschefske stated that he has been working on the Town TOWN CENTER
Center historical preservation, and said that he would like to
recommend that a Historical District Commission Ordinance be
put into effect to preserve some of the historical sites within
the Town Center, and the surrounding area. He explained how this
Commission would operate, and answered questions from the Trustees
on same.
President Clayton stated that, since there were no objections,
the report on this Commission will be prepared and placed on
the agenda.
Mr. Balling reported on the Village's motor fuel purchasing, MOTOR FUEL PUR-
and stated that, based on the findings of staff, they have CHASING
recommended that Lake-Cook Farm Supply be the new vendor for
the bulk supply of fuel . Mr. Boysen then summarized the con-
clusions and findings regarding motor fuel purchasing, outlined
in his memo of June 14, 1981; he then answered questions from the
Board on this report.
There was discussion regarding the benefits of getting quotes from
suppliers each time gas is needed, as opposed to the benefits of
remaining with one supplier. Mr. Balling stated that the spot
market could be surveyed from time to time, with a report to the
Board on same. Moved by Gerschefske, seconded by Stone, that we
go out for quotations on metered gasoline to save the Village
some money, and that we take the lowest distributor's price; and
when we feel that there is going to be a shortage, or feel a
drastic need that we might not be able to get gas, we resurvey
our distributors and consider a commitment to one distributor.
After lengthy discussion, the motion was amended and seconded to
state that if one vendor is giving inferior quality gasoline, they
be stricken from the list of vendors, even though they may have
the lowest price. Upon roll call , Trustees voted as follows :
AYES: 2 - Stone, Gerschefske
NAYES: 3 - Marienthal , Hartstein, Schwartz
ABSENT: 1 - O'Reilly
Motion defeated.
Moved by Marienthal , seconded by Hartstein for the purpose of
discussion, that on a quarterly basis, we would contact those
that supply metered gasoline to the surrounding municipalities
and/or governmental bodies, to ascertain if the present supplier
is competitively priced. If it is found that he is not compet-
itively priced, at that point, we would switch suppliers. Mr.
Balling suggested that these quotations be gathered either on a
semi-annual , or annual basis, because of the seasonal fluctuations
in the fuel industry. Trustee Marienthal and Trustee Hartstein
agreed with this suggestion. Upon voice vote, the motion was
declared carried by a 4-1 margin, with Trustee Gerschefske voting
nay.
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Mr. Balling noted the submission of the Monthly Activities MONTHLY ACTIVITIES
Report for the month of May. There were no questions on same. REPORT
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 Item XII , B, under Old Business be removed from Consent.
Moved by Marienthal , seconded by Hartstein, to pass Ordinance ORDINANCE #81-36
#81-36, an ordinance annexing 7.4 acres located in Vernon (Reservoir #7
Township immediately east of LaSalle Lane extended. (Reservoir Annexation)
#7) . The Plan Commission recommends annexation of this property
owned by the Village of Buffalo Grove. Upon roll call , Trustees
voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Marienthal , seconded by Hartstein, to pass Ordinance ORDINANCE #81-37
#81-37 an ordinance zoning the Reservoir #7 site to the R-1 (Reservoir #7
Zoning District with a special use. The Zoning requested for Zoning)
the Reservoir #7 site is established for uses as a water
reservoir, pumping station, and recreational playground. Upon
roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Marienthal , seconded by Hartstein, to pass Resolution RESOLUTION #81-34
#81-34, a resolution transferring 7.5 acres to the Buffalo
Grove Park District. The Village of Buffalo Grove is assisting
the Buffalo Grove Park District in the acquisition of the lagoon
property located on the southwest corner of the Crossings Sub-
division. The property will be received and simultaneously
conveyed to the Buffalo Grove Park District. Upon roll call ,
Trustees voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Marienthal , seconded by Hartstein, to pass Resolution RESOLUTION #81-35
#81-35, a resolution to change signatories for the Police Pension
Fund Account at the Buffalo Grove National Bank. This resolution
is necessary to show changes in officers of the Village of Buffalo
Grove Police Pension Fund due to the recent election and appoint-
ment of fund trustees. Upon roll call , Trustees voted as follows:
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AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Marienthal , seconded by Hartstein, to approval final CAMELOT SUB-
acceptance of Camelot Subdivision, Units I and II. The final DIVISION, UNITS
acceptance of the Camelot Subdivision, Units I & II can be I & II
considered by the Village Board as the punch list items have
been satisfied or provided for to the satisfaction of the
Village Engineer. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Trustee Schwartz stated that he is a principal in the law firm ORDINANCE # 81-38
representing Cedar View; Mr. Schwartz will abstain from par- (Cedar View
ticipating or voting on this project. A resident whose Office Center)
property borders Mr. Haller's property asked that the annexation
be held until the weeds are mowed on the property adjacent to
that being considered for annexation. Mr. Capitel stated that
Mr. Haller had presented him with a proposal which was signed
and accepted for the mowing of the vacant property south of
Dundee Road. Mr. Haller has entered into a contractual
obligation for the mowing of the property, which was begun today.
Trustee Marienthal moved to pass Ordinance #81-38, subject to
the completion of the mowing of this property; the recording
of this particular annexation agreement not to take place until
mowing is completed.
Trustee Hartstein stated that he would prefer not to have the
motion contingent on the above condition. He stated that the
minutes of tonight's meeting, as well as the previous meeting
on this property, clearly reflect that Mr. Haller made a verbal
commitment that, at least twice annually, the weeds on the vacant
property which is not being annexed will be cut. There was no
second to the motion.
Moved by Hartstein, seconded by Gerschefske, to pass Ordinance
#81-38, an ordinance accepting annexation agreement for 5.3 acres
located on Dundee Road immediately south of Golfview Terrace.
President Clayton pointed out that the recapture formula is that
the 5% administrative fee be paid by the original developer. There
was concern expressed regarding the landscaping. Mr. Haller
stated that the Appearance Commission has approved the plan in
concept and that the Annexation Agreement states that he must abide
by the decision of the Appearance Commission.
It was stated that the Appearance Commission questioned Mr. Haller
concerning the existing foliage that would act as a buffer; the
Appearance Commission did concur with the 10' setback variation,
based upon the fact that the property borders on the Kingswood
Church property.
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President Clayton polled the Board: "Yes" indicates favor of
maintaining the present recapture formula, which would be
the 5% deduct from the developer at the time the Village
recaptures, rather than a 5% add-on; "No" indicates opposition:
YES: 4 - Marienthal , Stone, Hartstein, Gerschefske
NO: 0 - None
ABSTAIN 1 - Schwartz
ABSENT: 1 - O'Reilly
Upon roll call , Trustees voted on the motion as follows:
AYES: 3 - Stone, Hartstein, Gerschefske
NAYES: 1 - Marienthal
ABSTAIN: 1 - Schwartz
ABSENT: 1 - O' Reilly
Because of the fact that 5 votes are needed for an annexation, the
motion was defeated.
Moved by Gerschefske, seconded by Stone, to place this item on
the next agenda. Upon voice vote, the motion was unanimously
declared carried. Trustee Hartstein stated that, although he
is uncomfortable attaching a condition to the motion, it seems
to be the most expeditious way to handle the matter.
Moved by Hartstein, seconded by Marienthal , to pass Ordinance
#81-38, subject to the condition that the Annexation Agreement
may not be recorded until such time as the weeds and grass on
the adjoining property have been cut. Upon roll call , Trustees
voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, Pres. Clayton
NAYES: 0 - None
ABSTAIN: 1 - Schwartz
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Hartstein, seconded by Marienthal , to pass Ordinance ORDINANCE #81-39
81-39 an ordinance annexing 5.3 acres located on Dundee Rd. (Cedar View Office
immediately south of Golfview subject to the same conditions Center)
outlined in Ordinance #81-38. Upon roll call , Trustees voted
as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, President Clayton
NAYES: 0 - None
ABSTAIN: 1 - Schwartz
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Hartstein, seconded by Gerschefske, to pass Ordinance ORDINANCE #81-40
#81-40, an ordinance zoning the Cedar View Office Center in the (Cedar View Office
B-3 zoning district, with restrictions, subject to the same Center)
conditions outlined in Ordinance #81-38. Upon roll call ,
Trustees voted as follows:
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AYES: 5 - Marienthal , Stone, Hartstein, Gerschefske, Pres. Clayton
NAYES: 0 - None
ABSTAIN: 1 - Schwartz
ABSENT: 1 - O'Reilly
Motion declared carried.
Trustee Marienthal stated that he would like a copy of this RESOLUTION #81-36
Resolution sent to Senator Percy, and every other office that (Route 53
has voting power regarding this extension; also to the sur- Extension)
rounding municipalities, and the Northwest Municipal Conference.
He also suggested that President Clayton promote this extension
when she travels to Washington, D.C. Moved by Marienthal ,
seconded by Stone to pass Resolution #81-36, a resolution
reasserting the Village of Buffalo Grove's support and endorsement
of the continued extension of FAP 432 (Il . 53) through Lake County.
Upon voice vote, the motion was unanimously declared carried.
Trustee Hartstein commended on the proposed resolution. RESOLUTION #81-37
Moved by Hartstein, seconded by Marienthal , to pass Resolution (Handgun Control )
#81-37, a resolution encouraging the State Legislature and
the U.S. Congress to adopt legislation prohibiting the sale of
handguns and handgun ammunition. It was decided that the word
"handgun" would preceed all references to ammunition in the
proposed Resolution. Lengthy discussion by the Board and the
audience on the pros and cons of handgun control followed. Upon
roll call , Trustees voted as follows:
AYES: 3 - Marienthal , Hartstein, Schwartz
NAYES: 2 - Stone, Gerschefske
ABSENT: 1 - O'Reilly
Motion declared carried.
Trustee Stone stated that, as a point of order, he did not PROPOSED ORDINANCE
feel that procedure was followed regarding the placement of (Handgun Sales)
the proposed ordinance regulating the sale of firearms and
ammunition on tonight's agenda. Discussion on Trustee Stone's
comments followed. President Clayton polled the Board: "Yes"
indicates favor of considering this evening; "No" indicates
opposition:
YES: Marienthal , Hartstein
NO: Stone (Does not think this is a matter for a polling;
thinks it should be President Clayton's decision)
Gerschefske (Agrees with Trustee Stone)
Schwartz (In favor of legislation, but agrees that
procedure was set which should be followed)
Li
President Clayton stated that she is very much in favor of the
policy procedure which has been set, but she thinks that the
Board must leave room for providing for any kind of emergency
which might exist. It was suggested that at a later date, there
be discussion regarding clarification of this policy. President
Clayton declared that the proposed ordinance regarding the sale
of firearms and ammunition be placed on the agenda for July 20, 1981.
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Mr. Pinzur gave a status report on theloans requested by NORTRAN LOAN
NORTRAN from its member communities.
Moved by Hartstein, seconded by Schwartz, to authorize the
$7,500 loan to NORTRAN, in accordance with the terms out-
lined in the correspondence from NORTRAN.
Lengthy discussion by the Board and the audience on the pros
and cons of this loan followed.
Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , Hartstein, Schwartz, President Clayton
NAYES: 2 - Stone, Gerschefske
ABSENT: 1 - O'Reilly
Motion declared carried.
Mr. Kochendorfer read Warrant #456. Moved by Schwartz, seconded WARRANT #456
by Gerschefske, to approve Warrant #456 in the amount of
$460,927.40 authorizing payment of bills listed. Upon roll
call , Trustees voted as follows:
AYES: 4 - Marienthal , Hartstein, Gerschefske, Schwartz
NAYES: 1 - Stone
ABSENT: 1 - O'Reilly
Motion declared carried.
President Clayton declared a recess from 9:25 until 9:40 P.M.
Mr. Thomas Rowlett, Project Manager with Donahue & Associates, SEWER SYSTEM
gave a brief presentation regarding the Sewer System Evaluation EVALUATION REPORT
Report, and answered questions from the Board on same.
Moved by Gerschefske, seconded by Hartstein, to accept the
Sewer System Evaluation Report, and direct that the report
be submitted to the E.P.A. , M.S.D. , and Lake County Public
Works Department for their review. Upon voice vote, the motion
was unanimously declared carried.
Mr. Rowlett stated that it was a pleasure to work with the Village,
and said that they look forward to doing whatever they can to
help the Village in the future.
Mr. Capitel reported to the Board that he had just come from CEDAR VIEW OFFICE
the site with Mr. Haller, and that he had personally CENTER
witnessed a tractor and a mower cutting the weeds.
Trustee Hartstein stated that he had clarified the questions CROSSINGS
that he had regarding this item. Moved by Hartstein, SUBDIVISION
seconded by Gerschefske, for final acceptance of the Crossings
Subdivision:
1. approve settlement agreement
2. accept public improvements
3. accept deed to 7.5 acres for simultaneous transfer to
Park District.
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Upon voice vote, the motion was unanimously declared carried.
Mr. Balling brought the Board up to date on the request from WESTWOOD SUBDIVISION
the property owners in the Westwood Subdivision; written
explanations of this are on file in the Clerk's office.
Mr. Santay, representing the property owners, stated that
they respectfully request that the Village look into the
covenant governing the landscaping and the buffer situation.
They would like to see a fence installed along Weiland Road,
which would act as a security and noise buffer from Weiland Road.
A representative of the developer stated that they paid to have
the berms put in, and they are now willing to pay to have
the berms taken out so that everyone will be satisfied. In
answer to a question from the Board, he stated that they would
be willing to take the berm out, but do not want to become
involved with the fencing.
Discussion followed on how the proposed change could be
effected to the satisfaction of all parties.
President Clayton polled the Board: "Yes" indicates favor
of the Board being receptive to allowing a change in this
particular instance, leaving the berm, allowing the fence,
with the understanding that the plan be approved by the
Appearance Commission, and that consent be secured from
the other property owners that would not wish to participate;
"No" indicates opposition:
YES: Marienthal , Stone, Hartstein, Gerschefske, Schwartz*
NO: None
ABSENT: O'Reilly
*With the condition that the ZBA approves any variations
which may be requested.
It was requested that someone from staff instruct the home-
owners as to the requirements of the Village regarding
plans , etc. , and also regarding the legal documents.
Trustee Schwartz explained the request for a change in the COUNTRY COURT
signage at the Country Court Shopping Center. Mr. Richard SHOPPING CENTER SIGN
Heinrich related what had happened at the ZBA meeting. The (Irving's for Red
Appearance Commission is on record as being totally against Hot Lovers)
this change. Discussion followed. Trustee Schwartz commented
on a letter from the Appearance Commission.
Mr. Iry Greenspan and Mr. David Stein, representing Irving's
for Red Hot Lovers, stated that the store is losing out
greatly on lunch business because of the lack of the outside
sign.
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Moved by Hartstein, seconded by Gerschefske, that the
variation for allowing a sign for Irving's for Red Hot
Lovers as part of the Country Court existing sign be
allowed, subject to approval by the Appearance Commission.
Upon roll call , Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Gerschefske, Schwartz
NAYES: 1 - Marienthal
ABSENT: 1 - O'Reilly
CORRECTION Motion declared carried.
Igh Fainqemea�iptOdyWncgecause he felt the Board was
Moved by Hartstein, seconded by Schwartz, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned at 11:00 P.M.
Janet M. Sirabian, Village Clerk
APPROVE BY ME THIS pAc DAY
OF �;�� 1981
lage President �.
H