1981-07-20 - Village Board Regular Meeting - Minutes 5877
7/20/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, JULY 20, 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, Gerschefske,
and Schwartz. Also present were: William Balling , Village
Manager; William Raysa, Village Attorney; William Sommer,
Assistant Village Manager; William Brimm, Finance Director;
Frank Hruby, Director of Building and Zoning; and Richard
Kuenkler, Village Engineer.
Moved by Marienthal , seconded by Hartstein, to approve the APPROVAL OF
minutes of the July 6, 1981 Regular Meeting. The following MINUTES
correction was made:
Page 5876: At the end of the roll call vote, Trustee
Marienthal wished to have the following sentence inserted:
"Trustee Marienthal voted 'No' because he felt the Board
was bastardizing the Sign Ordinance."
Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein , Gerschefske, Schwartz
NAYES: 0 - None
ABSTAIN: 1 - O'Reilly
Motion declared carried.
Mr. Brimm read Warrant #458. Moved by O' Reilly, seconded WARRANT #458
by Stone, to approve Warrant #458 in the amount of
$309,441 . 16, 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.
President Clayton stated that three Fire Department members FIRE PENSION
had been elected to the Fire Pension Board . Those men BOARD
elected are: John Domar , Larry Swieca , and Dan Pearson ,
all terms to expire July 20, 1984.
�./ President Clayton appointed Mark Perlman to the Zoning Board ZBA APPOINTMENT
of Appeals for a term to expire April 30, 1982. Moved by
Schwartz, seconded by Gerschefske, to concur with President
Clayton 's appointment . There was then discussion as to the
selection method for this appointment . Upon roll call ,
Trustees voted as follows :
AYES: 4 - Stone, Hartstein , Gerschefske, Schwartz
NAYES: 2 - Marienthal , O 'Reilly
Motion declared carried . ", rr)
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7/20/81
Trustee Stone reviewed the staff report from Mr. Sommer ORDINANCE #79-63
dated July 16, 1981 . Trustee O'Reilly stated that the (Review of Fund
funds used by District 96 seem to be used for maintenance, Use)
rather than growth; she also questioned why the remaining
funds in the District 96 account have not gone to the debt
service for Prairie School , which is uniquely attributable
to growth. Trustee O'Reilly asked if it is possible for
the school districts to set up separate accounts for the
funds received from this ordinance. Mr. Balling stated
�./ that he would look into this and report to the Board.
Trustee Hartstein stated that he would like staff to
explore the possibility, with neighboring districts, of
making these sums payable only to particular funds.
Mr. Raysa suggested that , once disbursement of funds is
made, the Village would get a "hold harmless agreement"
or indemnification, stating that the school districts
would use the funds according to the ordinance, and if
they did not, they would indemnify, or hold the Village
harmless as such.
President Clayton polled the Board: "Yes" indicates favor
of including in the Land Donation Ordinance a provision that
the district receiving money will provide the Village with a
"hold harmless" that the funds will be used for the particular
development; "No" indicates opposition:
YES: Marienthal , Stone, O' Reilly*, Hartstein , Gerschefske,
Schwartz
NO: None
*Does not want this to exclude the investigation of being
able to put funds in various accounts.
President Clayton stated that this would be put into the
ordinance, and the items mentioned by Trustee O'Reilly would
be investigated.
Trustee O'Reilly asked that Item A under New Business be FIRE & POLICE
tabled until another time; that item being the review of COMMISSION
the organization of the Fire and Police Commission.
Trustee Hartstein brought the Board up to date on the NORTRAN LOAN
status of the loans requested by NORTRAN from its member
communities.
President Clayton asked if there were any questions from QUESTIONS FROM
the audience. Mr. Fishman from Ronnie Drive stated that THE AUDIENCE
there were residents present to bring a drainage problem, (Stra 6more
and a weed problem,, to the attention of the Board. President Grove East)
Clayton asked that the residents relate their problem to the
Board, but that no action would be taken until there was a
staff investigation.
5879
7/20/81
Mr. Kuenkler stated that there is definitely a drainage
problem in the area between Ronnie and Caren Drives , and
said that it will probably require grading and drain tile.
President Clayton stated that the Board was very interested
in getting this problem resolved. Mrs . Clayton asked that
Mr. Kuenkler work with the developer, keeping the homeowners
apprised, and report to the Board on August 3, 1981 , when the
l issue will be an item on the agenda.
�•/ Regarding the problem of weed control on undeveloped land,
Deputy Chief Voigt gave a report on same; one suggestion was
that the Village take steps to have the weeds cut , since it can
be cheaper for the developer to pay a fine each day than to
spend the money to have the weeds cut. Mr. Raysa stated that
a lien can be placed on the property; however, money would
then not be recovered until there is a sale of the property.
It was suggested that the Police Department could issue a
citation per lot per day, which would be much more costly
to the developer and perhaps give more incentive to get the
weeds cut; however, Deputy Chief Voigt stated that would
create an unreasonable amount of citations for an officer
to write each day. Mr. Balling stated that the Village has
been working with the developers of Strathmore Grove East,
and the Commons , both of whom have retained landscapers to
cut the weeds.
President Clayton asked if the Board would be amenable to
Deputy Chief Voigt 's recommendation that the Village cut the
weeds and place a lien on the property without coming to the
Board first. It was suggested that the developer be billed
before placing a lien on the property. It was also suggested
that there be a breakdown of staff time regarding how many
hours this cutting would take. Mr. Balling stated that the
Village employees would not do the actual cutting, but the
Village would contract with a landscaper.
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 Stone, seconded by O 'Reilly, to waive bids and NORTH FIRE
authorize contract for partial sodding of North Fire STATION
Station to Rolling Hills Nursery in the amount of $5,265.00.
The approved FY 81 -82 budget provides for $15,000 for lands-
caping of the North Fire Station. The first phase will be
partial sodding, which will be implemented immediately after
Board authorization. The balance of the site will be improved
on a phased basis . Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None yCIY.�
Motion declared carried.
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7/20/81
Moved by Stone, seconded by O' Reilly, to approve Appear- CHATHAM MANOR I
ance Commission recommendation for Chatham Manor I lands-
caping. The Appearance Commission recommends approval of the
production landscaping for Chatham Manor Unit I . 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, to approve Appearance BONANZA RESTAURANT
Commission recommendation for Bonanza Restaurant conversion (lst Federal
to 1st Federal Savings & Loan facility. The Appearance Savings)
Commission recommends the architecture for the remodeling
of the vacant Bonanza Restaurant. Upon roll call , Trustees
voted as follows :
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Trustee Hartstein cited the passage of Resolution #81-37 on PROPOSED ORDINANCE
July 6, 1981 urging Federal and State lawmakers to prohibit RE HANDGUN SALES
the sale of handguns and ammunition, and encouraging other
municipalities to take similar action. Mr. Hartstein thinks
that this issue should also be handled on the local level ,
and went on to explain his reasons for urging the Board to
vote in favor of this proposed ordinance. Trustee Hartstein
noted that he received petitions signed by over 100 citizens ,
reading as follows : "We, the undersigned, call upon our
elected Trustees to support an ordinance prohibiting the sale
of handguns and handgun ammunition within the corporate limits
of Buffalo Grove." Said petitions are on file in the Clerk's
office.
Moved by Hartstein, seconded by Schwartz, to pass Ordinance
#81 -41 , regulating the sale of handguns and ammunition within
the Village of Buffalo Grove.
Trustee Stone stated that he does not think that the proposed
ordinance prohibiting the sale of handguns in Buffalo Grove
will stop the sale of one handgun. Mr. Stone stated that
automobiles kill many more people than do handguns.
Trustee Gerschefske stated that perhaps there should be
some type of firearm safety education through the school
districts , so that people who did own guns could use them
properly.
Trustee Schwartz stated that control of firearm sales should
begin at the local level . Responding to Trustee Stone, Trustee
Schwartz stated that automobiles were created to move people
from place to place; guns were created to kill or maim. Mr.
Schwartz also said that if one life is saved because one gun
has been taken off the market , that is a very positive step.
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7/20/81
Trustee O 'Reilly pointed out that this ordinance does not propose
the ban on the possession of handguns , but deals with a license
for a business in the community.
Trustee Marienthal stated that he supports the proposed ordinance;
he stated that the gun has a specific purpose, which does not
serve for the betterment of the community.
Responding to Trustee Stone, Trustee Hartstein disagreed that
this ordinance would serve no purpose since the Village does
not currently have any gun dealerships; Trustee Hartstein thinks
that the Board should act, rather than react.
President Clayton stated that Village residents would be heard
next, with each being allowed two minutes to present their opinions.
Trustee Hartstein read the proposed ordinance in its entirety.
The following people spoke in favor of the proposed ordinance:
Robert Pinzur, 997 Providence
Gary Lindeman, 453 Gregg
Mike Hatesfeld , 4 New Town Court West
Dan Kafcas , 945 Greenridge
Rabbi Dorman, 974 Greenridge
Jim Gibson , 372 Dogwood Terrace
Jean Katy, 1087 Miller Lane
Rich Heinrich, 1222 Green Knolls
Thomas , Palatine, Illinois
The following people spoke against the proposed ordinance:
Andrea Brockman , 594 MacArthur
Bob Held, Wheeling, Illinois
Fred Madary, 458 White Pine
Ken Herrdegen, 948 Shambliss
Jim Button, 1262 Farnsworth
Grant Blasdell , 10 Aspen Court
Steven Moss , 500 Ridgewood Lane
Wayne Kaska, 200 Navajo
Richard Muscano, 690 Clohesey
Mary Ann Hilton, 485 Chatham Circle
Gerald Thompson, 156 S. Buffalo Grove Road
Steve Wernikoff, 810 Kingsbridge
Bruce Staehle, 1175 Gail Drive
Ray Carr, 1209 Dannet Court
Jack Ellis, 260 Rosewood
Bob Moran, 450 Gregg Lane
Bob Herskovitz, 1174 Alden
Bob Brockmeyer, 593 Mac Arthur
Hank Schultz, 460 Gregg Lane
Representatives from the following agencies spoke:
Illinois State Rifle Association
Committee for Handgun Control Northwest
Illinois Gun Collectors Association
Committee for Study of Handgun Misuse
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7/20/81
Trustee O'Reilly stated that she had given this a great deal
of thought, and explained the reasons for her vote; she said
she does not think this ordinance means anything, and thinks
that it has to be dealt with on a national and local level .
Upon roll call , Trustees voted as follows :
AYES: 3 - Marienthal , Hartstein, Schwartz
NAYES: 4 - Stone, O'Reilly, Gerschefske, President Clayton-
Motion declared defeated.
*President Clayton stated that she voted "No" because she thinks
that it must be dealt with on a state and national level . Mrs.
Clayton stated that she does support the Resolution passed two
weeks ago urging the state and national governments to look into
the issue of handgun control , and particularly the registration
of handguns .
President Clayton declared a recess from 9: 35 P.M. until RECESS
9 :55 P.M.
Moved by Stone, seconded by Hartstein , to table the ordinance DONATION ORDINANCE
establishing Title 19 (Park, School and Library Donations) of
the Buffalo Grove Municipal Code until the Board has all
necessary information. Upon voice vote, the motion was
unanimously declared carried.
Moved by O'Reilly, seconded by Stone, to table the review FIRE & POLICE
of the organization and staff liaison responsibilities of COMMISSION_
the Fire and Police Commission. Upon voice vote, the motion
was unanimously declared carried .
Trustee Schwartz explained what has transpired regarding COMMONS
proposed homes to be built by Unity Savings in the Commons
Subdivision. Mr. Schwartz stated that, after reviewing the
Appearance Commission recommendation, which was unanimous
to deny the proposed plan of Unity Savings, he would like
to make the following suggestions :
1 . Take into consideration the PUD zoning which already
exists.
2. Anywhere in Buffalo Grove that smaller homes do exist,
they are generally on larger lots , which allow for
expansion.
Since the homes would have 1-car garages , there would
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be on-street parking.
4. The original plan by Unity Savings planned for large
homes, with townhomes as a buffer to the street area.
Moved by Schwartz, seconded by O'Reilly, to approve the
Appearance Commission recommendation to deny Unity Savings '
proposal , so this matter can be placed on the floor.
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7/20/81
Mr. Larry Freedman, attorney for Unity Savings, explained
Unity's position on the matter.
A spokesman for the homeowners stated that , when they purchased
their homes , they bought a concept, and are by contract entitled
to maintain that concept. They think it is unfair to put in
something as small as 900 square feet, which will not blend with
the neighborhood.
L•/ Mr. Dana Knaak elaborated on the vote of the Appearance Commission.
Mr. Linden, architect for the project, commented on the proposed
homes.
Trustee Hartstein pointed out the importance of maintaining the
integrity of the PUD. Upon roll call , Trustees voted on the
motion as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES : 0 - None
Motion declared carried.
Trustee Marienthal stated that there are existing weeds,
construction debris , and ponding water on the site. Mr.
Freedman stated that they will look into that immediately,
and take corrective action .
Mr. Balling explained that there had been general discussion WESTWOOD
on modifying the landscaping plan adjacent to Weiland Road SUBDIVISION
by permitting the removal of a landscaped buffer with berming
and reinstalling fence materials . The Board referred the
matter to the Appearance Commission, who then recommended
a modification in the buffer. There are two additional
steps required by the Board: the first would be to consider
the recommendation of the Appearance Commission; the second
requires the drafting of covenant amendment language by the
property owners to be re-presented to the Board.
Mr. Ben Weyuker, President of the Westwood Group, stated
that they would like to be relieved of required landscaping
if they do remove the berm. Mr. Santay and Mr. Pope, home-
owners, thanked Mr. Weyuker for all the help that he has given
them; they also stated their reasons for asking that landscaping
be provided.
In answer to a question from Mr. Raysa, it was stated that
Lot 9 has been given consent to remove the covenant.
Discussion followed on whether or not Mr. Weyuker should be
required to install landscaping.
Moved by Marienthal , seconded by Gerschefske, to accept the
recommendations of the Appearance Commission dated July 9,
1981 . Further discussion followed.
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7/20/81
Trustee Stone asked Mr. Weyuker if he would be willing to
take on the burden on the outside of the fence that the
Appearance Commission recommended be done by the owners ,
in lieu of the landscaping inside the fence. Mr. Weyuker
stated that he would be agreeable to that suggestion.
Upon roll call , Trustees voted as follows on the motion :
AYES: 2 - Marienthal , Gerschefske
NAYES: 4 - Stone, O'Reilly, Hartstein, Schwartz
Motion declared defeated.
Moved by Stone, seconded by O'Reilly, to do away with
the covenant on the berm, and that the owners erect a fence,
and that the developer plant shrubs on the outside of the
fence as per the Appearance Commission recommendation. It
was stated that this would not affect landscaping on any
other lots , or any landscaping other than on the berm.
Upon roll call , Trustees voted as follows :
AYES: 4 - Stone, O 'Reilly, Hartstein , Schwartz
NAYES: 2 - Marienthal , Gerschefske
Motion declared carried.
President Clayton informed the homeowners that they will have
to work with staff on the covenant.
Moved by O'Reilly, seconded by Stone, to adjourn to Workshop ADJOURNMENT
Session to discuss Cable TV. Upon voice vote, the motion
was unsnimously declared carried. The meeting was adjourned
at 10:45 P.M.
Janet Si rabian, Village Elerk---
APPROVED BY ME THIS 3-^<'�- DAY
OF ,-.Gc-a JL , 1981 .
- .:5;?"
2e°7‘.
Village President