1981-08-17 - Village Board Regular Meeting - Minutes 5897
8/17/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 17, 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.
Moved by O'Reilly, seconded by Gerschefske, to appoint Carol CLERK PRO TEM
Hennenfent Clerk Pro Tem in the absence of the Village Clerk.
Upon voice vote, the motion passed unanimously.
Roll call indicated the following present : President Clayton; ROLL CALL
Trustees O' Reilly, Hartstein , Gerschefske, Schwartz. Trustees
Marienthal and Stone were absent. Also present were William
Balling , Village Manager; William Raysa, Village Attorney;
William Brimm, Finance Director; Gregory Boysen, Director of
Public Works; Paul Kochendorfer, Village Treasurer; James
Truesdell , Village Planner; and Richard Kuenkler, Village
Engineer.
Moved by O ' Reilly, seconded by Schwartz, to approve the APPROVAL OF
minutes of the August 3, 1981 Regular Meeting. Upon roll MINUTES
call , Trustees voted as follows :
AYES: 4 - O'Reilly, Hartstein, Gerschefske, Schwartz
NAPES : 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
Village Treasurer Paul Kochendorfer read Warrant #460. Moved WARRANT #460
by O'Reilly, seconded by Gerschefske, to approve Warrant #460
in the amount of $211 ,087.50 authorizing payment of bills
listed. Upon roll call , Trustees voted as follows :
AYES : 4 - O'Reilly, Hartstein , Gerschefske, Schwartz
NAPES : 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
President Clayton, on behalf of the Village Board, presented SPECIAL
Paul Kochendorfer, Village Treasurer , a token of apprecia- RECOGNITION
tion as special recognition for the work he has done with
our computer program.
Trustee Gerschefske stated that the Trustees have been BUFFALO GROVE
receiving minutes for Buffalo Grove Days; that the event is DAYS
moving along very smoothly; that there has been a considerable
amount of publicity this year; and that the event will be
bigger and better than in previous years . He also requested
a schedule of events be posted on the bulletin board in
Village Hall . President Clayton stated that tickets for
the dinner dance are on sale at Village Hall and that
reservations can be had for an entire table.
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8/17/81
Trustee Gerschefske requested staff to look into the WINDMILL
possibility of the use of windmill type of power source POWER SOURCE
in the Village, either by incorporation in our building
codes or by ordinance as there are no regulations covering
same at this time. There was no objection from the Board
and staff will look into this and report back to the Board.
Jerry Davis , Plan Commissioner, stated that numerous SATELLITE
companies are now selling individual disks for television RECEIVING
reception (satellite receiving stations) ; that we do not STATIONS
have any ordinances covering this possibility; and feels
that some sort of regulations should be covered by the
Village. Trustee Hartstein requested staff to look into
this to see if there is some type of regulation that the
Board could evaluate. There was no objection from the
Board and Staff will look into this and report back to
the Board.
Mr. Balling stated that he has received a request from the PARK DISTRICT
Park District requesting some consideration on the develop- REQUEST
ment of Emmerich Park East reference detention requirements (detention)
and suggested that it be discussed under new business this
evening. There was no objection from the Board and it will
be discussed under new business later in the meeting.
President Clayton asked if there were any questions from QUESTIONS FROM
the 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. There were no
such requests.
Moved by O 'Reilly, seconded by Hartstein, to pass Ordinance ORDINANCE
#81-43, an ordinance amending Chapter 2.28 of the Village #81 -43
of Buffalo Grove Municipal Code (Board of Fire & Police
Commissioners) . This ordinance amends the Municipal Code
regarding certain staff participation with the Fire and
Police Commission. Upon roll call , Trustees voted as
follows :
AYES : 5 - O'Reilly, Hartstein, Gerschefske, Schwartz, Clayton
NAYES: 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
Moved by O' Reilly, seconded by Hartstein, to pass Ordinance ORDINANCE
#81-44, an ordinance amending Chapter 2.50 of the Village of #81-744
Buffalo Grove Municipal Code (Fire Department) . This
ordinance amends the Municipal Code regarding residency
requirements for sworn members of the Fire Department .
Upon roll call , Trustees voted as follows :
AYES : 5 - O'Reilly, Hartstein, Gerschefske, Schwartz, Clayton
NAYES: 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
5899
8/17/81
Moved by O' Reilly, seconded by Hartstein, to pass Ordinance ORDINANCE
#81 -45, an ordinance amending Section 13.04-200 of the Village #81 -45
of Buffalo Grove Municipal Code (Water & Sewers) . This
ordinance amends the Municipal Code to properly establish
sewer treatment rates for commercial , industrial and institutional
classes of user/consumers in Lake County Buffalo Grove per the
1972 Agreement with the Lake County Public Works Department.
Upon roll call , Trustees voted as follows:
AYES: 5 - O'Reilly, Hartstein, Gerschefske, Schwartz, Clayton
NAYES: 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
Moved by O'Reilly, seconded by Hartstein, to pass Ordinance ORDINANCE
#81-46, an ordinance declaring surplus personal property #81 -46
owned by the Village of Buffalo Grove. This ordinance
declared certain Village-owned personal property surplus
for Village participation in the Northwest Municipal Conference's
Garage Sale. Upon roll call , Trustees voted as follows :
AYES: 5 - O'Reilly, Hartstein, Gerschefske, Schwartz,
President Clayton
NAYES: 0 - None
ABSENT: 2 - Marienthal , Stone
Moved by O 'Reilly, seconded by Hartstein , to pass Resolution RESOLUTION
#81 -40, authorizing the establishment of school speed zones #81-40
and designating pedestrian school routes . This resolution
sets school zone speeds and establishes school pedestrian
crossing points in the Joyce Kilmer School area. Upon roll
call , Trustees voted as follows:
AYES : 5 - O'Reilly, Hartstein , Gerschefske, Schwartz,
Clayton
NAYES: 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
Moved by O'Reilly, seconded by Hartstein , to authorize AUTHORITY TO
the bidding for vehicles and equipment for FY 1981-1982. BID (Vehicles
Grant authority to Director of Public Works to rebid certain & Equipment)
pieces of replacement vehicles and equipment per FY 1981 -1982
Central Garage Program schedule. Upon roll call , Trustees
voted as follows :
AYES: 5 - O' Reilly, Hartstein , Gerschefske, Schwartz,
Clayton
NAYES: 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
5900
8/17/81
Moved by O'Reilly, seconded by Hartstein, to authorize AUTHORIZE
the purchase of rock salt for FY 1981 -1982 from Morton Salt PURCHASE OF
Co. Authorize the Village Manager to execute a purchase ROCK SALT
order for snow and ice control rock salt from Morton Salt
Company which submitted the low bid in joint purchase
through the Northwest Municipal Conference. Upon roll call ,
Trustees voted as follows:
AYES: 5 - O 'Reilly, Hartstein, Gerschefske, Schwartz,
Clayton
NAYES: 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
Moved by O'Reilly, seconded by Hartstein , to waive the fees WAIVE FEES
at the request of the Park District for the ZBA hearing re: PARK DISTRICT
fence variations at Willow Stream Pool & Green Lake Park. (Fence varia-
The Buffalo Grove Park District has requested that the Village tion)
waive certain hearing fees relative to fence variations on the
fences erected at Willow Stream Park and Green Lake Park.
Upon roll call , Trustees voted as follows :
AYES : 5 - O'Reilly, Hartstein, Gerschefske, Schwartz,
Clayton
NAYES : 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
Moved by O'Reilly, seconded by Hartstein, to waive the WAIVE CONSTRUC-
construction fees for the development of Emmerich East TION FEES
Park site. The Buffalo Grove Park District has requested (Emmerich East
that the Village waive all construction related fees for Park Site)
the Emmerich East Park site development. Upon roll call ,
Trustees voted as follows :
AYES : 5 - O' Reilly, Hartstein, Gerschefske, Schwartz,
Clayton
NAYES : 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
Mr. Balling stated that the Committee of the Whole Board SCHEDULE OF
meeting scheduled for Monday, August 24, 1981 , has been AUGUST BOARD
cancelled and there will be a special meeting and a Public MEETINGS
Hearing on Monday, August 31 , 1981 , for the tax levy public
hearing and other varied items .
Mr. Balling reviewed the changes in the proposed ordinance ORDINANCE
�./ for School , Park & Library Donations requested by the Board # 1 -47
from previous meetings and reviewed the letter received from
Dr. David Willard, School District #96, responding to a
request from the Board for an audit or some clarification on
the use of contributed funds from District #96. Dr. Willard
indicated it is the intent of the district to develop a master
plan to utilize the funds and focus the use of the funds on
Prairie School , provided it does not commit the district to a
single purpose expenditure, but does commit the district to
expending the funds in an appropriate manner. A response is
expected when the plan is developed and they are in the
implementation phases.
5901
8/17/81
Park Commissioner William O' Reilly related to the Board the
Park District 's views on the issue of the park district or
another party submitting an appraisal to establish fair market
value on a given piece of property. The Park District feels
that since the ordinance permits a subdivider or developer to
submit an appraisal , other bodies should be allowed to do so too.
After discussion reference fair market value, leaving the value
at a dollar amount , and eliminating the submittal of appraisal ,
it was moved by. O'Reilly, seconded by Hartstein, to exclude
on page 4.B. after the word herein on line 8, everything in
that paragraph beyond the word herein. Upon voice vote, the
motion passed unanimously.
Mr. O'Reilly then expressed to the Board the Park District 's
concerns reference the definition of public open space which
includes water management areas . They feel this definition is
too broad to include within the 10 acre limit . Discussion
followed reference the definition of water management areas,
credit to be given for this type of area, and designs of the
area. Moved by Hartstein, seconded by O'Reilly, that at the
end of the last paragraph under section 19.01 .010 B. on page 1 ,
that a period be placed after "kite flying" and that the following
sentence be added "Provided, however, that passive credit may be
given for water management areas if said areas are deemed suitable
for passive recreational use at the sole discretion of the Village
Board. Upon voice vote, the motion passed unanimously.
Mr. Raysa explained the addition of a section to the ordinance
that repealed Ordinance #79-63.
Discussion then took place regarding the criteria for requiring
school site dedication, but no changes were made.
Trustee O' Reilly questioned the increase in acreage for various
school districts which she does not feel is necessary. After
discussion, Trustee O'Reilly moved , seconded by Hartstein, that
on page 3 item C that the minimum number of acres of land for
school sites remain at 8 acres for K-5 and 15 acres for 6-8.
Upon roll call , Trustees voted as follows :
AYES: 3 - O' Reilly, Hartstein , Gerschefske
NAYES : 1 - Schwartz
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
The Board decided to pursue reference how funds donated to the
�•/ various districts are used as an administrative procedure with
Mr. Balling explaining the ground rules to the districts ,
notifying the districts that the monies will be released upon
documentation on the use of those funds, and reporting back to
the Board after a year 's time to see what the findings are.
There was no objection from the Board on Mr. Balling's suggestion
that he approach the districts on either having them return the
unused funds to escrow or by having the districts ensure the
Village that those funds are not spent before advising what the
use of the funds will be.
5902
8/17/81
Mr. Raysa, upon request from Mr. DeLance of the Park District ,
explained the hold harmless clause within the ordinance.
Moved by O' Reilly, seconded by Hartstein, to pass Ordinance
#81-47, an Ordinance adding Title 19, Park, School and Library
Donations to the Village of Buffalo Grove Municipal Code,
including the changes voted upon this evening. Upon roll call ,
Trustees voted as follows :
AYES : 4 - O'Reilly, Hartstein , Gerschefske, Schwartz
NAYES: 0 - None
ABSENT: 2 - Marienthal , Stone
Motion declared carried.
Trustee Gerschefske briefly reviewed the concept of the ORDINANCE
ordinance stating that what we are looking for is something PRESERVATION
that designates landmarks rather than a district area; that OF HISTORIC
the Appearance Commission would handle the process rather LANDMARKS
than creating a new commission; and that the concept is the
saving of structures of historic or architectural value.
Jim Truesdell stated that he has done research on setting up
such an ordinance, researching state statutes and obtaining
samples of various ordinances in the State of Illinois . He
has reviewed these ordinances , compiling different sections,
and this draft is a blend of ordinances used in other areas .
The ordinance empowers the Appearance Commission, on applica-
tion by a person, group or the Village itself, to review that
application. He, along with Ted Uskali , have toured potential
historic sites within the Village and also sites within the
planning area of the Village. He feels care should be taken
in designating landmarks and the cost element taken into
consideration . The intent is to help preserve significant
local landmarks.
Reference taxation, Mr. Raysa stated that there is a state
statute that basically can freeze assessments but the structure
has to be built before 1939, had to be the same use such as
single family since 1939 or for 40 years , and there could be
no zoning changes to those properties . He does not feel we
have a building that falls into this category.
The following points and concernswere discussed by the Board :
improper use where someone saw to impede a particular develop-
ment; that landmark status be discussed at the same time as
public hearings are being held on proposed developments (the
Board agreed on this concept) ; concerns for residents who own
potential historical buildings ; if the building is used as a
primary residence that the party who occupys the residence be
a party to the application ; problems involved when a building
should have historical status but the resident does not wish
historical status; possibility of submission of a petition
signed by a certain number of people before application ; time
limit between applications for same piece of property; concerns
on misuse oi" ordinance; cost factors ; shortening up the
application process, be approved or disapproved very quickly
so as to not tie up a site for a long period of time; age
limits on structures; what is historic; review on a periodic
basis; inclusion in the master plan.
5903
8/17/81
Mr. Balling suggested that the Board should see the list ,
examine it and as a matter of policy establish the historical
landmarks ; take out this public input other than perhaps as an
element at a public hearing for the adoption of the master plan.
The Board requested a listing of the sites Mr. Truesdell and
Mr. Uskali visited and to have Mr. Uskali come before the Board
with a presentation so there is a better understanding on the
sites involved. Mr. Truesdell stated that he and Mr. Uskali
took slides of the sites they visited, approximately 4-5 within
the corporate limits of the Village and perhaps 30 - 35 outside
the corporate limits but within our planning area.
President Clayton stated this would be a Committe of the Whole
item for discussion.
Prudence Knaak, President of the Park District Board , was REQUEST FOR
present to request a variance for construction of Emmerich VARIANCE -
Park East detention. She stated that the Village's ordinance (Park District
calls for a detention basin on construction over 5 acres; Detention)
and that since the Park District is building a park site and
not changing the run off of the land and not building a
building, they are requesting a variation on the detention
basin. She further stated that the parking lot being built
will have a detention basin on the parking lot to hold the water
in the parking area.
Mr. Balling stated that there are two ordinances governing
the site; one is our local ordinance on storm water detention
and the other is sanitary district legislation. Mr. DeLance
has received consent from the sanitary district to provide
detention only for the parking lot portion. Mr. Balling
stated that the Village has never varied the detention ordinance
either for ourselves or anyone else.
Discussion followed reference this request. Mr. Raysa stated
that not to his knowledge is there a provision in the ordinance
for this type of variation. Mr. Kuenkler stated that engineering
has never had to deal with a variance as they have always gone
by the requirements of the ordinance, and that our ordinance is
more restrictive than the MSD. Mr. Raysa said that if the
Board want variations the ordinance can be changed but feels
certain guidelines would have to be set up. President Clayton 's
concerns were with setting a precedent if granted.
President Clayton declared a recess from 10:05 to 10: 10 P.M. RECESS
Mr. Raysa reviewed for the Board Ordinance #72-26, which is
the ordinance providing for storm water detention and stated
that the ordinance does not provide for any variation authority;
also that the body of the ordinance came originally from the
MSD as far as their requirements. If varied , it would have to
be done by amendment to the ordinance.
5904
8/17/81
Trustee Schwartz stated that he feels there are a lot of
unanswered questions in regard to the situation and feels
more information should be provided by the park district
before any decision is made.
Moved by Schwartz, seconded by O'Reilly, that before staff
drafts any amendment to the ordinance that more information
should be received from the Park District for the Village
Engineer to review and evaluate. Upon voice vote, the
motion passed unanimously.
Trustee O'Reilly suggested to the Park District that if
their timetable necessitates that they need to go forth now,
that they go on the assumption they will not get the variance.
After discussion as to whether or not the Board supports or
does not support a variation of the detention standards,
President Clayton polled the Board: "Yes" would favor the
concept of making a provision to grant the variance of the
storm water detention ordinance; "No" would indicate opposition:
YES - O'Reilly
NO - Hartstein, Gerschefske, Schwartz
Moved by Gerschefske, seconded by Schwartz, to adjourn the ADJOURNMENT
meeting. Time: 10:20 P.M.
e--(2)242-1
Carol M. Hennenfent , Clerk P Tem
APPROVED BY ME THIS 3) 4
DAY OF (104 , 1981 .
illage President