1981-12-21 - Village Board Regular Meeting - Minutes 5973
12/21/81
III
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, DECEMBER 21, 1981
President Clayton called the meeting to order at 7:34 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 Schwartz.
Trustee Gerschefske was absent. Also present were: William Balling,
Village Manager; William Raysa, Village Attorney; James Doyle, Assistant
Village Manager; William Brimm, Finance Director; Gregory
Boysen, Director of Public Works; Richard Kuenkler, Village
Engineer; James Truesdell, Village Planner; Ingrid Park,
Administrative Assistant; and Paul Kochendorfer, Village
Treasurer.
Moved by Marienthal, seconded by O'Reilly, to approve the APPROVAL OF MINUTES
minutes of the December 7, 1981 Regular Meeting. Trustee
Stone requested the following change: Page 5969, 3rd
Paragraph, first line should read: "Upon roll call, Trustees
voted as follows on the motion to table." Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Mr. Kochendorfer read Warrant #469. Moved by O'Reilly, WARRANT #469
seconded by Stone, to approve Warrant #469 in the amount of
$357,996.34, authorizing payment of bills listed. Mr.
Balling answered a question from the Board. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
President Clayton read a Certificate of Commendation for POLICE DEPARTMENT
Investigator Steve Balinski. President Clayton presented the CERTIFICATE OF
Certificate to Investigator Balinski, and he was congratulated COMMENDATION
by Sergeant Aradi and the Board.
President Clayton reappointed the following people to the 1982 BUFFALO GROVE DAYS
Buffalo Grove Days Committee: John Panella and Kathy Swan COMMITTEE 1982
as Co-chairmen; Phyllis Rose, Jim Shirley, Ken Witcher,
Tom Fitzgerald, and Cindy Bellson. President Clayton noted
that Tom Fitzgerald was in the audience, and thanked him
for his willingness to serve, and asked that appreciation be
expressed to the other members of the Committee.
Moved by Hartstein, seconded by O'Reilly, to concur with
President Clayton's appointments. Upon voice vote, the
motion was unanimously declared carried.
5974
12/21/81
Trustee Schwartz reviewed his report to the Board of DEVELOPMENT ORDI-
December 15, 1981, regarding the Development Ordinance NANCE COMMITTEE
Committee. He stated that the two major changes proposed to
the Ordinance are the provision of a one year extension with
no additional preliminary plan filing fees where required to
complete platting of all units in larger projects; and the
reduction of the amount of cash deposit required as a guarantee
security. The next step for the Ordinance would be to file it
with the Plan Commission for their evaluation at hearings,
with a complete final recommendation coming back to the Board.
It was suggested that pavement requirements for parking lots,
etc. , be reviewed. Board members will receive a copy of the
changes before final action is taken. Trustee Schwartz thanked
Mr. Boysen, Mr. Kuenkler, and Mr. Doyle for their assistance
in reviewing this Ordinance. Mr. James Mastandrea, Midwest
Development Corporation, was in the audience; Mr. Mastandrea
will receive a copy of the proposed changes to the Ordinance,
and will submit his comments on same.
Mr. Balling explained the request of NORTRAN for a six month NORTRAN LOAN
extension (to July 10, 1982) on the loan granted them by
the Village of $7,500.00. Lengthy discussion followed on
the options available to the Village, as well as the chance of
*CORRECTION - collectability if suit were to be filed. * It was suggested
SEE P. 5974A that a representative from NORTRAN be present before a deci-
sion is made to grant the extension of the loan.
Moved by Hartstein, seconded by Schwartz, that the extension
be granted to NORTRAN to July 10, 1982 in accordance with
their request, using the same interest formula as in the
first instance. Upon roll call, Trustees voted as follows:
AYES: 2 - Hartstein, Schwartz
NAYES: 3 - Marienthal, Stone, O'Reilly
ABSENT: 1 - Gerschefske
CORRECTION Motion declared defeated.
Moved by O'Reilly, seconded by Stone, that this item be
reconsidered at the January 4, 1982 Board Meeting, with the
certainty that the NORTRAN representative be present at that
meeting. Upon voice vote, the motion was carried, with
all Trustees voting "AYE" with the exception of Trustee Marienthal.
Mr. Balling noted that there will be no Committee of the FUTURE AGENDA
Whole meeting on December 28, 1981. The next meeting will be
on January 4, 1982.
Mr. Balling noted the filing of the Monthly Activities Report MONTHLY ACTIVITIES
for the month of November. There were no questions on this REPORT
report.
President Clayton asked if there were any questions from the QUESTIONS FROM THE
audience. There were none. 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, C, and XIII, C, be removed from the Consent Agenda.
5974A
l2/2l/8l
*CORRECTION -
The following should be inserted between the 2nd and 3rd sentences
of the 1st paragraph regarding the NORTRAN LOAN:
"It was pointed out that the NORTRAN representative stated that
the loan to the Village would be repaid prior to any back wages
being paid to their employees, and prior to any outstanding
indebtedness to suppliers. Both of the above items are being
retired by NORTRAN before retiring the obligation to the Village,
which was to have been paid immediately after FICA taxes, and all
other withholding taxes. Mr. Raysa pointed out that the Village
lent the money. to NORTRAN, not the RTA. He also pointed out that,
what the Village has right now, is an unsecured note. Mr. Raysa
stated that, once you go to judgment on the note, the highest
interest rate you can get on a post-judgment is 9%."
5975
12/21/81
Moved by Marienthal, seconded by Schwartz, to pass Resolution RESOLUTION #81-56
#81-56, designating Buffalo Grove National Bank as depository
re: Buffalo Grove Golf Course charge sales. The Golf
Course uses an authorized depository to process charge sales.
This new resolution accommodates the change in bank owner-
ship to accommodate a new service agent for the charges.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
�•/ Motion declared carried.
Moved by Marienthal, seconded by Schwartz, to pass Resolution RESOLUTION #81-57
#81-57 conveying lots 3 and 4 to the Buffalo Grove Park
District. Buffalo Grove Datsun dedicated property for park
district use in connection with their development. The
property may now be conveyed to the Buffalo Grove Park
District. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Marienthal, seconded by Schwartz, for final accept- BUFFALO GROVE DATSUNI
ance of Buffalo Grove Datsun. Improvements provided may
now be accepted by the Village of Buffalo Grove for this
subdivision. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Marienthal, seconded by Schwartz, for utility and NORTHWOOD
access easement (Northwood Subdivision) . The easements noted SUBDIVISION
are needed for servicing the subject subdivision. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Marienthal, seconded by Schwartz, to accept Appear- BUFFALO GROVE
ance Commission recommendation for Buffalo Grove Commons COMMONS
(Production area color package) . The Appearance Commission
recommends approval of the subject aesthetic embellishment
for the Buffalo Grove Commons. Upon roll call, Trustees voted
as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
5976
12/21/81
Trustee Marienthal reviewed the discussion of the Seifert ORDINANCE #81-61
parcel of property which took place at the Plan Commission (Comprehensive Plan) !
meeting. The consensus of opinion at the Plan Commission
was that the parcel should remain multi-family as originally
recommended. Discussion again took place as to whether this
parcel should be shown as multi-family or as commercial on
the Master Plan, after which a polling was taken on same.
President Clayton polled the Board: "Yes" indicates favor
of keeping the Master Plan as presently proposed, meaning that
the Seifert property is shown as multi-family; "No" indicates
opposition:
YES: Stone, Schwartz
NO: Marienthal, O'Reilly, Hartstein
ABSENT: Gerschefske
Moved by Marienthal, seconded by Hartstein, to approve
Ordinance #81-61, with the change in the map reflecting
the parcel at Buffalo Grove Road and Checker Road as
commercial. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Stone, Hartstein, Schwartz
NAYES: 1 - O'Reilly*
ABSENT: 1 - Gerschefske
Motion declared carried.
*Trustee O'Reilly wished the record to show that she does
not feel that it is in Buffalo Grove's best interest to
continue growing beyond Aptakisic Road, and that she does
not think that the commercial and industrial proposed
developments north of Aptakisic are viable.
President Clayton thanked the Plan Commission, the planning
staff, Trustee Marienthal, and the Village Manager for all
the work put into this plan. Trustee Marienthal also thanked
everyone for their efforts, and stated that he thinks this
is a realistic plan.
Trustee O'Reilly explained this proposed ordinance, and ORDINANCE #81-62
stated that she has distributed a Draft "C" to the Board.
Draft "C" incorporates one item differently than Draft
"B", and essentially what it does in Section 1, Paragraph B,
is allow for the two Deputy Chiefs to be appointed solely
from the rank of Sergeant. The other item included in this
Ordinance regards the Fire Department, and allows for the
firefighter/paramedic to continue to be tested by the Fire
and Police Commission, but it allows for the position of
Captain to be an administrative appointment from the rank of
Lieutenant. Discussion on the subject followed.
Commander Urry commented on behalf of the Police Department
in Chief Walsh's absence. Chief Walsh thinks that Deputy
Chiefs should be appointed from the Police Department, with
the main reason for that being morale. The Chief thinks that
there is the talent on Buffalo Grove's Police Department for
these positions. In years to come, if the Chief does not
think the talent is there, the Ordinance could then be amended.
5977
12/21/81
He also stated that there is case law to support that an
officer of a lesser commission rank cannot give orders to an
officer of a higher commission rank. Chief Walsh also wished to note
that the Ordinance refers to 3 "watch" commanders, and he
would like the term to be changed to "commanders" because
it is now a rank position.
Mr. John Doerrer stated that this subject was discussed at
length by the Fire and Police Commission. They believe that
the jobs in the Fire and Police Departments are career jobs.
The men know that there are definite steps in each organization
that they can attain by self-development and by development
on the job. The Fire and Police Commission has passed a
recommendation on to the Village Board that the positions
of Patrolman and Sergeant should be a tested position, and
any rank above a Sergeant could be appointed, but the
appointments must come from at least the Sergeant rank,
because the Sergeant is proving himself as a manager. Trustee
O'Reilly stated that the Draft "C" of the Ordinance incor-
porates all things recommended by the Fire and Police
Commission. Captain Wieser of the Fire Department stated
that the Fire Department concurs with the statements made
by Commander Urry and Commissioner Doerrer.
Moved by O'Reilly, seconded by Schwartz, to pass Ordinance
#81-62, Draft "C", with removing the word "watch" wherever
it is mentioned in the Ordinance. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Hartstein, seconded by Schwartz, to pass Ordinance ORDINANCE #81-63
#81-63, an Ordinance regarding the FY82 appropriation for the
Village of Buffalo Grove Golf Course Fund. The appropriation
ordinance Public Hearing has been completed and the Ordinance
is in a form acceptable for final consideration. Upon roll
call, Trustees voted as follows:
AYES: 4 - Marienthal, Stone, Hartstein, Schwartz
NAYES: 1 - O'Reilly
ABSENT: 1 - Gerschefske
Motion declared carried.
Moved by Marienthal, seconded by Schwartz, to approve the CHATHAM MANOR, UNIT 2
Final Plat for Chatham Manor, Unit 2, subject to the Village
Engineer's memo of December 16, 1981. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSENT: 1 - Gerschefske
Motion declared carried.
It was requested that the proposed Retirement Community by KENNEDY BROTHERS
Kennedy Brothers be postponed until the arrival of DuWayne RETIREMENT COMMUNITY''
Linden.
5978
12/21/81
Trustee Hartstein explained the reasons that he asked that MOBIL OIL
the subject of Mobil Oil canopy and signage be removed from
the Consent Agenda. Mr. Hartstein would like to express a
desire on the part of the Village Board for the cooperation
of Mobil Oil in doing something to deal with the sidewalk
situation.
Moved by Hartstein, seconded by O'Reilly, to table this
item so that the Board can deal with all of the concerns
relating to that particular parcel at one time. Upon voice
vote, the motion was unanimously declared carried.
Mr. John Emigh, Director of Development for Kennedy Brothers, KENNEDY BROTHERS
explained the concept proposed by Kennedy Brothers for the RETIREMENT COMMUNITY
Retirement Community. It would be a total concept community,
with grocery shopping, library, etc. , contained in the
community. There will also be a 60-bed nursing facility
in the community for those who become unable to continue
living in the condominium community. There will be an
initial fee for the unit, with a monthly fee assessed.
Discussion took place on the possibility of this property
becoming tax-exempt. Mr. Emigh stated that they plan to be
the sole owners of the project, but would like to have it
managed by a church organization, thereby not making the
property tax-exempt. Mr. Raysa stated that he will research
the possibility of a covenant insuring that the property
remains taxable. Discussion followed on insuring that this
property remain on the tax rolls, and also insuring that the
amenities proposed by the developer become a reality. There
was also discussion on insuring that this remain a retirement
community, and not become an apartment complex.
Mr. DuWayne Linden explained that ownership of these units
would be a life-lease situation. A person wishing to enter
would deposit a specific amount of money, and there would
then be monthly maintenance fees. Actuarial figures would
determine the amount paid for the life-lease. The monthly
maintenance fee would be determined by how many meals would
be included, whether or not the nursing home facilities would
be included, etc. Mr. Raysa stated that he would also look
into the licensing of the nursing home facility.
Mr. Linden suggested that the Board investigate Friendship
Village in Schaumburg as an example of what this facility will be.
*CORRECTION
See P.5978A Moved by Hartstein, seconded by O'Reilly, that the proposed
Retirement Community be referred to the Plan Commission for
review, with all concerns expressed tonight, as well as those
items enumerated in the December 15, 1981 memo from Mr.
Truesdell, being taken into consideration. Upon voice
vote, the motion was unanimously declared carried.
5978A
12/21/81
jl
The following should be inserted immediately preceding the last
paragraph:
"In summary, the following comments were articulated by the Village
Board, and should be pursued and answered prior to the first Plan
Commission workshop:
1. Pursuing a covenant to provide that tax exemption status will
not be extended for the property, or providing that some service
charge will be agreed to to cover Village expenses should this
occur.
2. An implementation plan should be identified so that the Village
is assured that the entire cultural and service program, food
service, crafts, etc. , be guaranteed in the event of developer.
default. If the development is to be phased, care should be
taken to include the amenities in the early stages,
3. The Village Planner will be working to identify school, park,
and library contributions. It is not anticipated that library
contributions will be exempted from the provisions or that the
Village will be reviewing particularly school, and possibly park
contributions for consideration. Concern was also expressed that
there be no exemption to ordinances with the possibility that this
use could be converted to a standard residential development.
4. The Village will be reviewing nursing home regulations and may
consider municipal licensing standards. The Village Planner will
be examining state licensing requirements and will make a
recommendation on same.
5. The developer should identify, based on actual experience of other
projects, i.e. , Friendship Village, etc. , the increased incidence
of paramedic calls for this property, and identify any atypical
patterns which the Village should be sensitive to."
5979
12/21/81
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 was
adjourned at 9:12 P.M. The Executive Session terminated
at 10:40 P.M.
SLA42L-ryl.
&t Janet Sirabian, Village Clerk
APPROVED BY ME THIS ' DAY
OF , 1982
Village President
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