1981-10-19 - Village Board Regular Meeting - Minutes 5933
10/19/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS , HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, OCTOBER 19, 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 , O 'Reilly, and Hartstein. Trustee Schwartz
arrived at 8:45 P.M. Trustees Stone and Gerschefske were absent.
Also present were William Balling , Village Manager; William Raysa,
Village Attorney; James Doyle, Assistant Village Manager; William
Brimm, Finance Director; Frank Hruby, Director of Building &
Zoning; Gregory Boysen, Director of Public Works; and Richard
Kuenkler, Village Engineer.
Moved by O' Reilly, seconded by Hartstein, to approve the APPROVAL OF
minutes of the October 5, 1981 Regular Meeting. Upon roll MINUTES
call , Trustees voted as follows :
AYES: 4 - Marienthal , O' Reilly, Hartstein, President Clayton
NAYES: 0 - None
ABSENT: 3 - Stone, Gerschefske, Schwartz
Motion declared carried.
Mr. Brimm read Warrant #465. Moved by O'Reilly, seconded by WARRANT #465
Hartstein, to approve Warrant #465 in the amount of $530,037.73,
authorizing payment of bills listed. Upon roll call , Trustees
voted as follows :
AYES: 4 - Marienthal , O' Reilly, Hartstein, President Clayton
NAYES : 0 - None
ABSENT: 3 - Stone, Gerschefske, Schwartz
Motion declared carried.
President Clayton stated that Certificates of Appreciation BUFFALO GROVE
will be presented to the community organizations and DAYS (Certifi-
individuals who participated in Buffalo Grove Days , and to cates of
companies and individuals who contributed to the Parade. Appreciation)
President Clayton then read a list to whom Certificates will
be presented : Plaza Verde Merchants Association , Al 's Fishery,
Buffalo Grove Shell , Walgreens , Buffalo Grove Associates,
Bernard Katz & Company, Chesterfield Builders , Manning Savings
and Loan, Lexington Development Corp. , Buffalo Grove Datsun,
Cambridge Commons , First Midwest Development Corp. , Bank of
Buffalo Grove, Ted Henderson , Levitt Land, Standard Pacific,
Aura B 'nai B ' rith Women Chapter, Aviva Pioneer Women, Amvets
Post #255, B. G. Amvets Auxiliary #255, Buffalo Grove Blood
Commission, Buffalo Grove Garden Club, Buffalo Grove Jaycees,
Buffalo Grove Jaycee-ettes , Buffalo Grove Junior Womans Club,
Buffalo Grove Lions Club, Buffalo Grove Newcomers Club, Buffalo
Grove Park District, Buffalo Grove Rotary, Buffalo Grove Park
District Swim Team, Buffalo Grove VFW Post #2327, Buffalo Grove
Youth Commission, Buffalo Grove Chamber of Commerce, Cooper Jr.
High School PTO, Community Art League, FI , Girl Scouts - Moraine
I
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10/19/81
Council , Girl Scouts - NW Cook Council #679, Highland
Woods American ORT, Indian Trails Public Library, Knights
of Columbus , League of Women Voters , Longfellow PTO, March
of Dimes , Omni-House, Square Wheels Square Dance Club,
Swap-O-Rama , Twin Acres Women 's American ORT, Village
School of Folk Music, Chick 'N Rib Joynt, Northwest Suburban
JCC, Rainbow Regiment , Neeley AZA, Highland Park Hospital ,
Congregation B 'nai Shalom, B. G. Welcome Wagon Club, Buffalo
Grove Park District Senior Citizens , Buffalo House, Lieberman
Realty, Stevenson High School Pom Pom Corps, BarBQ Junction,
St. Mary's Catholic Church, Jim Doyle, Bugs Bunny, Mr. and
Mrs. Stanley Stiltner, Wheeling Township Women's Republican
Club, Buffalo Grove Fire Department, Northwest Community
Hospital Treatment Center. Mrs. Clayton stated that the
above list shows that the Committee has achieved their
goal of having as many community organizations as possible
participate in Buffalo Grove Days in order to make it a
true community festival . President Clayton congratulated
John Panella, Co-Chairman of Buffalo Grove Days on an
excellent event, and conveyed thanks to each of the committee
members. Mrs. Clayton stated that it is hoped that most of
the committee members will agree to serve again next year.
Mr. Balling reported that the Mundelein Road Phase I FAUS MUNDELEIN
improvement is in the final stages of review; a notice for ROAD
an opportunity for public hearing was sent out, and there
was one request to hold a public hearing. The suggested
date for the Public Hearing is Tuesday, November 24, 1981 ,
which will be confirmed with Trustee Stone. There was no
objection from the Board on same.
Mr. Balling stated that the approved parkway tree bid earlier PARKWAY TREE
this fall was substantially under estimate. There were 40 BID
trees in the initial bid; an additional 30 trees will need
to be purchased to meet the total demand because of the
problems encountered with Dutch Elm disease. The additional
trees can be purchased at unit price for a sum not to exceed
$3,080; this will still leave over $6,600 under budget in that
program. This was pointed out when the original trees were
purchased, and Mr. Balling wished to notify the Board that
the additional 30 trees will be purchased. There was no
disagreement 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. Mrs . Rosalie
Kaszubowski asked that Item XI , F be removed from Consent.
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10/19/81
Moved by Marienthal , seconded by O'Reilly, to pass Resolution RESOLUTION
#81 -47 requesting the IL Department of Revenue to program #81-47
an assessment ratio study in the Village of Buffalo Grove.
The Finance Committee recommends this study be conducted by
IDR in an attempt to equalize the local tax burden between
Cook and Lake Counties . Upon roll call , Trustees voted as
follows :
AYES : 4 - Marienthal , O' Reilly, Hartstein, President Clayton
NAYES: 0 - None
ABSENT: 3 - Stone, Gerschefske, Schwartz
Motion declared carried.
Moved by Marienthal , seconded by O ' Reilly, to approve HIGHLAND GROVE
Appearance Commission recommendation for Highland Grove UNITS IV , V
Units IV, V - architecture, materials, and colors. The
Appearance Commission recommends approval of this aesthetic
feature in Highland Grove. Upon roll call , Trustees voted as
follows :
AYES : 4 - Marienthal , O' Reilly, Hartstein, President Clayton
NAYES: 0 None
ABSENT: 3 - Stone, Gerschefske, Schwartz
Motion declared carried.
President Clayton noted a Proclamation proclaiming Saturday, TRICK OR TREAT
October 31 , 1981 from 2:00 P.M. to 6:00 P.M. as TRICK OR PROCLAMATION
TREAT DAY in Buffalo Grove, and encouraging parents to accompany
small children and also encouraging residents to cooperate in
making this a happy occasion for all youngsters.
Trustee Hartstein reviewed the events which prompted the PROPOSED SOUND
drafting of this proposed ordinance relating to the use of AMPLIFICATION
sound amplifiers by declaring a nuisance and establish ORDINANCE
restrictions for the protection of public health and welfare
and providing penalties .
Mr. Balling explained how Mr. Doyle had conducted an investigation
of ordinances in other municipalities in order to put this proposed
ordinance together. Trustee O'Reilly asked if the proposed
ordinance is enforceable by the Police Department; Mr. Balling
answered that the Police Department has reviewed this ordinance
and does support it.
Mr. Braun from the Schwaben Center stated that they have three
major events per year, and this ordinance, by restricting
amplified noise after 12:00 midnight, would probably put them
out of business. He stated that he does not foresee extending
their activities other than the three per year that they
currently have. Mr. Braun stated that, if they would have
been aware of this ordinance, they would not have proceeded
with their new building.
5936
10/19/81
Mr. Tom Karis , a resident objecting to the noise, stated that
there are more than three week ends per year that. they are
bothered by the noise; he and his neighbors were hoping for
something which would limit the intensity of the noise, and
not just restrict the hours for amplification. Discussion
followed on points raised by both Mr. Braun and Mr. Karis.
Mr. Balling pointed out that communities that have very
strict laws are not able to enforce them; one of the things
that Buffalo Grove focused on was the ability to enforce
any ordinance which is passed. A resident that lives adjacent
�•J to the Schwaben Center soccer field stated that the intensity
of the noise has increased every year recently.
Trustee Hartstein stated that, although this is a difficult
issue to handle, he thinks that it is better to have some
type of enforceable ordinance on the books , rather than no
standards at all . Trustee O' Reilly asked the Schwaben Center
representative why there is such a big difference between
12 :00 midnight and 1 :30 in the morning. Mr. Braun answered
that the people tend to go home when the music stops playing,
and the German Day festivities would probably be held else-
where if they could not have the requested hours. Trustee
Marienthal pointed out that the reference in the ordinance
to the peace, quiet, and comfort of the residents , has a
different connotation to everyone.
Mr. Raysa stated that he is in the process of reviewing
several ordinances and documents regarding this subject ;
he will review them and bring back language to the Board
that is more acceptable than that which is currently in the
proposed ordinance.
Trustee O' Reilly stated that she personally did not wish to
go beyond what is now being dealt with in amplification;
she does not think that standards which deal with peace,
quiet and comfort are enforceable.
Moved by Hartstein, seconded by O'Reilly, that this ordinance
be tabled until such time as the Village Attorney has had a
chance to review it and prepare appropriate language, hope-
fully before the next regular meeting. Upon voice vote, the
motion was unanimously declared carried.
Mr. Balling explained that the Village was contacted earlier RESOLUTION
this fall by Wheeling Township concerning the possible assump- #81 -48 SNOW & 1
tion of the maintenance responsibilities for certain Township ICE REMOVAL
streets contiguous to Buffalo Grove in unincorporated Wheeling (Wheeling
Township. The proposed time period would be for a one year Township)
experimental period. The Township is desirous of getting out
of the road maintenance business , and the ultimate goal would
be for the Village to completely take over the maintenance of
the subject roads . Mr. Balling stated that staff feels that
this contract can be accommodated without putting an undue
burden on the snow routes .
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10/19/81
Wheeling Township Commissioner Gillis explained that the
Township has only 122 miles of highway to maintain , and he
wishes to establish contracts with municipalities in order
to reduce the cost of operating the highway department.
Mr. Raysa stated that the Village would be indemnified in
regard to any damage which may be caused by the Village in
the removal of snow from these streets.
Moved by Marienthal , seconded by Hartstein, to pass Resolution
#81-48 for the agreement to remove snow and ice on Wheeling
Township roads. Mr. Marienthal commended Wheeling Township
for initiating a procedure which will be cost saving to the
taxpayers. Commissioner Gillis assured Trustee O'Reilly that
there would be no preferential treatment expected because the
Township is paying for a contract. Upon roll call , Trustees
voted as follows on the motion :
AYES : 4 - Marienthal , O' Reilly, Hartstein, President Clayton
NAYES : 0 - None
ABSENT: 3 - Stone, Gerschefske, Schwartz
Motion declared carried.
Mr. Brimm brought the Board up to date on the Lake County ORDINANCE
Sewer Treatment rate adjustment. President Clayton stated #81-50
that it is too bad that Buffalo Grove must tax its citizens (Lake County
from something over which we have no control . Sewer Treat-
ment Rate
Trustee Marienthal asked that the press highlight the fact Adjustment)
that , since 1978, Buffalo Grove has had to pass increases of
126% on to its users; Buffalo Grove is being penalized because
we have a plant that is making money. Mr. Brimm suggested that
the Lake County Public Works Department undertake a study so that
each plant could stand on its own , rather than have one plant
support others in different parts of the County. Trustee
Hartstein stated that he is also very distressed at the manner
in which this is handled by Lake County.
In answer to a question from Trustee Marienthal , Mr. Balling
stated that the Village does receive County Board agendas,
but does not receive specific notification of purchases . Mr.
Balling stated that the Village can request that the Public
Works Department of Lake County notify us of any purchases
or changes in the system. Mr. Balling will formally make the
above request.
In answer to a question from Trustee O' Reilly, Mr. Brimm stated
�•/ that the only way in which these fees could be made deductible
for Lake County residents would involve a procedure which would
include a county-wide referendum.
Moved by Hartstein, seconded by O' Reilly, with regret and
reservation to pass Ordinance #81-50, amending ordinance
providing for the regulation and operation of the combined
5938
10/19/81
water and sewer system of Buffalo Grove (Lake County
Sanitary Sewer Treatment Sanitary Sewer Treatment Fee) .
Upon roll call , Trustees voted as follows :
AYES : 4 - Marienthal , O ' Reilly, Hartstein, President Clayton
NAYES : 0 - None
ABSENT: 3 - Stone, Gerschefske, Schwartz
Motion declared carried.
Moved by O ' Reilly, seconded by Hartstein, to direct staff to
formalize suggestions to Lake County Public Works on improving
their sewer system treatment fees , and to include the points
in Mr. Brimm's September 17, 1981 memo. Upon voice vote, the
motion was unanimously declared carried.
Mrs. Rosalie Kaszubowski of 25 Crestview Terrace stated ORDINANCE
that she asked that proposed Ordinance #81-51 (Providing #81-51
an Exception to Title 18 Buffalo Grove Municipal Code for
Property owned by the Buffalo Grove Park District Commonly
Known as Emmerich Park East) be removed from the Consent
Agenda in order to express the concern of her neighbors and
herself, should the Village grant an exception regarding the
regrading of the Flood Plain . Mrs. Kaszubowski stated that
she had gone to the IDOT office and found that they had not
approved any plans for the proposed work, and that they were
waiting for further engineering drawings as well as comments
from other governmental agencies. Mrs . Kaszubowski gave a
brief background of what has happened to her property because
of erosion of the creek; she also presented a letter of concern
from all residents that border the creek.
President Clayton asked if the property owners would be
protected by the IDOT permit. Mr. Balling stated that IDOT
will conduct a diligent review of the site, but an IDOT permit
has not yet been issued. The only portion of the Buffalo Grove
Flood Plain Ordinance which staff is suggesting exemption from
would be that which would be identified as the statutory floodway
which is the 100' delineation . Of the regulations , this would
have the least direct impact on the hydraulics of the floodway
itself. Mr. Kuenkler reported that IDOT will generate a request
to the Park District for additional information. Mr. Kuenkler
has gotten nothing from the Park District since the October 5,
1981 Village Board Meeting.
Mr. Balling stated that the Village did attempt to run the
exemption proposal past the Federal Emergency Management Agency
�•/ which administers the flood insurance system, but staff was
unable to make contact with same. Mr. Balling said that he
anticipates no problem with FEMA, because the statutory
floodway is outside of their scope and jurisdiction ; however,
it is a modification to the flood plain ordinance on which they
commented and approved originally. If this ordinance is con-
sidered, Mr. Balling would request that the Board make any
considerations subject to FEMA acceptance.
5939
10/19/81
Mr. Balling stated that the Village will continue to
pursue in their discussions with the State that they will
diligently review and not issue permits until they are
satisfied that the hydraulics of the creek will work based
on their regulations. The State is not in a position to
permit that project at this time, and they will request
additional information.
Mr. Raysa stated that he would prefer that the Board hold
off on passage of the Ordinance until all requirements have
been met. He stated that any limitation must be included in
the body of the Ordinance, and not in a "Whereas" clause.
Trustee Hartstein moved that, based on information presented
this evening, this particular Ordinance be tabled. Trustee
Marienthal asked if there would be any liability to the Village,
since there is work being done on the site at the present time.
Mr. Balling stated that the Park District is not doing any work
in the floodway. Mr. Raysa stated that he does not feel there
would be any liability in this instance. Mr. Balling stated
that the Park District is beginning their construction on the
parking lot, and they are not encroaching on the floodway
channel .
Trustee O' Reilly requested a recess in order to get a copy of
the Flood Plain Ordinance and check what it does say regarding
IDOT approval . President Clayton declared a recess from 8:50
to 9:00 P.M. Mr. Raysa suggested that Section I , on page 2 ,
read as follows:
"The 100 ' floodway width established from the center line
of Buffalo Creek shall not apply to Emmerich Park East
(being a property acquired by the Buffalo Grove Park
District and paid for by General Obligation Bonds authorized
by public referendum) provided necessary permits are obtained
from the Illinois Department of Transportation, and the Army
Corps of Engineers , if applicable."
Trustee Hartstein withdrew his motion to table this ordinance,
and moved the passage of this Ordinance as amended. Trustee
O' Reilly seconded by motion . President Clayton stated that
staff will also be checking this with FEMA. Upon roll call ,
Trustees voted as follows :
AYES: 4 - Marienthal , O' Reilly, Hartstein , President Clayton
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
ABSTAIN : 1 - Schwartz
Motion declared carried.
President Clayton informed Mrs . Kaszubowski that this should
relieve any concerns that the residents in the area would have
regarding their property.
5940
10/19/81
President Clayton complimented Mr. Brimm on a very FY 80-81
impressive report. AUDIT
Mr. Brimm stated that he is very proud to present this
document, and that a great deal of work had gone into the
presentation by all parties concerned. Two highlights of the
document are that this is the first time in Village history
that there has been an unqualified audit , and the Village is
now qualified to submit the annual audit to the Municipal
1./ Finance Officers Association for their consideration.
Tim Flesch of Peat, Marwick & Mitchell , commented on the
report, and stated that the certificate awarded by the MFOA
is very beneficial when a Village goes into a long-term bond
market. This certificate is an excellent means for demonstrating
the excellence of financial report in a municipality.
Trustee O' Reilly thanked Mr. Brimm for a fantastic report.
In answer to a question from Trustee O' Reilly, Mr. Brimm
explained how the implementation of IBM programs for various
departments would work, in order to insure that the system is
used effectively.
Trustee O'Reilly stated that she would like to see us committed
to establishing some criteria on how much we should have as a
surplus in any account; her primary concern is the Corporate
Account. Mrs . O'Reilly would like to see a figure established
for what that amount should be, and then have the budget run a
deficit budget to use the excess amount to use as a revenue source
for that budget. Mr. Balling stated that staff would propose
to present this suggestion with the long-range financial plan.
Trustee Marienthal complimented Mr. Brimm for the excellent
job that he has done in the financial field for this community.
Trustee O ' Reilly noted page 2 of Mr. Balling 's letter regarding
sales taxes , and suggested that the Village strongly voice our
opinion to Springfield on what the removal of the sales tax
would do to the community.
Moved by Marienthal , seconded by O' Reilly, to accept the
financial audit for the year ending April 30 , 1981 . 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. Balling reported that the Buffalo Grove Days Report is BUFFALO GROVE
self-explanatory, and that we did not draw the entire municipal DAYS FINAL
allocation. The participation by the various community groups REPORT
and the overall reception by residents was excellent and speaks
for the success of the event.
5941
10/19/81
Mr. John Panella, Co-Chairman of Buffalo Grove Days, stated
that there will be a meeting on Thursday, October 22, 1981 .
He also stated that it is likely that most of the Committee
members will serve again next year.
Moved by Schwartz, seconded by Hartstein, to accept the
Buffalo Grove Days Final Report. Upon voice vote, the
motion was unanimously declared carried.
Mr. Hruby reviewed his report to Mr. Balling dated SATELLITE
October 13, 1981 , regarding Satellite Receiving Stations. RECEIVING
Trustee Schwartz thanked Mr. Hruby for preparing the above STATIONS
report. Discussion on the report followed; this item will
be discussed more thoroughly along with the review of the
Zoning Ordinance.
Mr. Balling explained that a request from Buffalo Grove BUFFALO GROVE
Disposal for a rate increase pursuant to the contract DISPOSAL RATE
regulations. The proposal is to increase the single-family INCREASE
monthly collection charges from $8.27 to $9.00, and to
increase the attached single-family monthly collection
charges from $7.27 to $8.00. The request as it stands is
less than the maximum amount permitted under the contract.
Trustee Marienthal stated that he had spoken with Mr. Raupp,
and due to the increased cost to the Village for processing ,
Buffalo Grove Disposal is willing to reduce the $9.00 charge
to $8.95, and the $8.00 charge to $7.95. Moved by Marienthal ,
seconded by Hartstein , that the new fees for detached single-
family dwelling units be $8.95/month, and for attached
dwelling units be $7.95/month.
Lengthly discussion took place regarding various ways of
reducing the cost of garbage collection , including going to
one-weekly pick-up, and/or the use of bags instead of cans.
There will be a survey card sent out with an upcoming news-
letter to find out which , if any, method of cost savings would
be favored by residents. Mr. Raupp stated that he would like
to participate in the survey. It was stated that the survey
should not take place until there are firm facts and figures
to substantiate any cost savings.
Upon roll call , Trustees voted as follows on the motion:
AYES : 4 - Marienthal , O 'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
frIA
5942
10/19/81
Moved by O' Reilly, seconded by Schwartz, to adjourn ADJOURNMENT
to Executive Session to discuss litigation. Upon
voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 10:00 P.M. The Executive
Session terminated at 10:30 P.M.
*Id vt . Evuiti)-1:a44,
Janet M Sirabian, Village Clerk
APPROVED BY ME THIS `..mc'l.. DAY
OF ,e1, m 'ti , 1981 .
i7--
Village President
L/