1980-10-06 - Village Board Regular Meeting - Minutes 5738
10/6/80
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, OCTOBER 6, 1980.
President Clayton called the meeting to order at 7:35 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present : President ROLL CALL
Clayton; Trustees Marienthal , O ' Reilly, Hartstein, Kavitt.
Trustees Stone and Gerschefske were absent. Also present
were: William Balling, Village Manager; William Raysa,
Village Attorney; William Sommer, Assistant Village Manager;
William Brimm, Director of Finance; Gregory Boysen, Director
of Public Works; Frank Hruby, Director of Building and Zoning;
Ray Rigsby, Superintendent of Public Works; Fire Chief Wayne
Winter; Deputy Fire Marshall Dominic Saviano; Paul Kochendorfer,
Village Treasurer.
Moved by Hartstein, seconded by Kavitt, to approve the minutes APPROVAL OF
of the September 15, 1980 Regular Meeting. Correction is as MINUTES
follows: Page 5736, 3rd paragraph should read: "It was the
consensus of the Board that in the future. . . ." Upon roll
call , Trustees voted as follows:
AYES: 4 - O'Reilly, Hartstein, Kavitt , President Clayton
NAYES: 0 - None
ABSTAIN : 1 - Marienthal
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Village Treasurer Paul Kochendorfer read Warrant #437. WARRANT #437
Moved by O 'Reilly, seconded by Marienthal , to approve Warrant
#437 in the amount of $446,871 .39 authorizing payment of
bills listed. Trustee questions regarding the Warrant
were answered by staff. Upon roll call , Trustees voted
as follows:
AYES: 4 - Marienthal , O 'Reilly, Hartstein, Kavitt
NAYES : 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
President Clayton made the following appointments for BUFFALO GROVE
the 1981 Buffalo Grove Days Committee: DAYS - 11981
Co-Chairmen : John Panella, Kathy Swan
Committee Members : Phyllis Rose, Jim Shirley, Ken
Witcher, Tom Fitzgerald, Cindy Bellson
Trustee Liaison: Trustee Gerschefske
Staff Liaison: Bill Brimm
Paul Kochendorfer will also assist 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.
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10/6/80
President Clayton read a Certificate of Commendation CERTIFICATE
for Deputy Fire Marshall Dominic Saviano. She then OF COMMENDATION
presented the Certificate to Mr. Saviano, and thanked
him for his dedication.
President Clayton announced that the Public Hearing on FUTURE AGENDA
the Fiore Property scheduled for October 13, 1980 will
be cancelled because the annexation agreements and
supporting documents are not ready.
�•/ There will be a Public Hearing on Cable TV on October 13,
1980. President Clayton asked the newspapers to publicize
this meeting.
It was suggested that the Public Hearing on the Fiore
property not be scheduled during the month of December,
due to the fact that it is a busy month , and there might
not be the public input that there should be on such an
important annexation. Discussion followed. Mr. Balling
stated that he has instructed the developers to get all
material together during the month of October so that
the Public Hearing can be held in November. Since 1981
is a local election year, there can be no annexations
taking place 78 days prior to the election date.
President Clayton polled the Board: "Yes" indicates
favor of scheduling the Public Hearing to commence no
later than December 8, 1980 ; "No" indicates opposition:
YES - Marienthal , O ' Reilly, Hartstein , Kavitt
NO - None
ABSENT - Stone, Gerschefske
Moved by Marienthal , seconded by O ' Reilly, to remove ELECTRICAL
Stan Hrycak from the Electrical Commission for failure COMMISSION
to file Village Ethics Statements. Upon roll call ,
Trustees vuted as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Trustee O'Reilly commented on the revision of the Zoning ZONING
Ordinance. Mr. Balling explained the procedure which is ORDINANCE
being followed with same.
Trustee Hartstein reported that the 690 bus route had in TRANSPORTATION
excess of 800 riders on one day during the month of September. COMMISSION
He said that this was the largest number of riders since the
beginning of the route, and commented on the success of the
route.
Trustee Marienthal noted that tomorrow is the last day VOTER
for voter registration before the November 4, 1980 election. REGISTRATION
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10/6/80
Mr. Balling noted that the Monthly Activities for the MONTHLY
month of August has been filed. He answered questions ACTIVITIES
from the Board on same. REPORT
Mr. Balling stated that the next report was the status ADVANCE
of the Advance Refunding. Mr. Brimm and Mr. Paul Williams REFUNDING
have both prepared summary memos on same. Mr. Paul Williams
then gave a verbal summary on the status of the subject to
date. After further study, Mr. Williams stated that they do
not recommend proceeding at this time because economics are
not as favorable as they were previously.
Mr. Dennis Depcik and Mr. Jerry Blain of Omni-House were OMNI -HOUSE
present, distributed some literature, and showed a 15 minute
slide presentation describing the work done by Omni-House.
President Clayton thanked Mr. Depcik and Mr. Blain for their
presentation.
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. There were no
such requests.
Moved by O ' Reilly, seconded by Kavitt, to pass Ordinance ORDINANCE #80-40
#80-40, an ordinance authorizing the sale by public auction TMunicipal
of personal property owned by the Village of Buffalo Grove. Auction)
Declares surplus certain municipal property for the October
18, 1980 municipal auction. Upon roll call , Trustees voted
as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by O'Reilly, seconded by Kavitt, to pass Ordinance ORDINANCE #80-41
#80-41 , an ordinance amending Section 2. 32.010 of the (Municipal lode)
Buffalo Grove Municipal Code (Electrical Commission) .
Amendment of Municipal Code allowing full compliance with
the Illinois Municipal Code. Upon roll call , Trustees
P
voted as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by O'Reilly, seconded by Kavitt, to award the bid for CURB, GUTTER &
curb, gutter and sidewalk replacement, authorizing contract SIDEWALK REPLACE-
for 1980 subject maintenance program to low bidder, D'Addosio MENT PROGRAM-
Construction Company in the amount of $13,650.00. Upon roll
call , Trustees voted as follows:
AYES: 4 - Marienthal , O 'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
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10/6/80
Moved by O'Reilly, seconded by Kavitt, to accept UNIFORM RENTAL
recommendation and authorize execution of Uniform Rental CONTRACT-
Contract; authorizing the Village Manager to execute a
three year contract with A. W. Zengeler not to exceed
$24,165.20 for the rental of Public Work's employees
uniforms. Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , O' Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
o byO'Reilly, se onded byKavitt, to authorize the 1 80 MFT
Moved c 9
request to bid 1980 MFT Materials for street maintenance. MATERIALS
Upon roll call , Trustees voted as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by O ' Reilly, seconded by Kavitt, to refer to the Plan FRONT YARD
Commission a draft ordinance revising the Zoning Ordinance PARKING
in order to eliminate conflicts in regulations with said ORDINANCE
Ordinance. Upon roll call , Trustees voted as follows :
AYES: 4 - Marienthal , O 'Reilly, Hartstein , Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by O'Reilly, seconded by Kavitt, to accept Appearance TANGLEWOOD
Commission recommendation for Pulte Corporation to approve
two new elevations for the Tanglewood Subdivision. Upon roll
call , Trustees voted as follows :
AYES: 4 - Marienthal , O'Reilly, Hartstein, Kavitt
NAYES : 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by O 'Reilly, seconded by Kavitt, to accept Appearance WINFIELD
Commission recommendation for Northbrook Development (former
Kaufman & Broad) to allow location and landscap-ing of sales
trailer for Windfield. Upon roll call Trustees voted as
follows:
AYES: 4 - Marienthal , O' Reilly, Hartstein, Kavitt
NAYES: 0 - None
�-/ ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
President Clayton read a Proclamation declaring Friday, HALLOWEEN
October 31 , 1980 as "Trick or Treat" night in Buffalo Grove, PROCLAMATION
and asked for the cooperation of the entire community in
order to make this a safe and enjoyable night for all
Village youngsters.
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10/6/80
Mr. Balling explained the status of the contract for the NORTH FIRE
North Fire Station, and named the items which were deducted STATION
from the contract in order to keep the bid under $500,000. (Contract Award)
The standard agreement has been approved by both the design
architect and the Village Attorney. Mr. Balling outlined
the three things needing action tonight. Mr. Balling
answered questions from the Board regarding the contract.
Moved by Marienthal , seconded by O ' Reilly, to award the
contract to Polonia Construction Company, 7017 W. Higgins,
Chicago, in the amount of $499,999.00. Upon roll call ,
Trustees voted as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by O' Reilly, seconded by Hartstein, to waive permit
fees connected with the construction of the fire station.
Upon roll call , Trustees voted as follows:
AYES : 4 - Marienthal , O' Reilly, Hartstein, Kavitt
NAYES : 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Moved by Marienthal , seconded by Hartstein, to authorize
the Village Manager to process change orders during the
construction period of no more than 3% of the base contract,
with the Board being notified of any changes that are per-
mitted. Upon roll call , Trustees voted as follows :
AYES: 4 - Marienthal , O' Reilly, Hartstein , Kavitt
NAYES : 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Mr. Balling reported on the status of the water and sewer
hook-ups at the fire station.
Chief Winter explained that the smoke alarm system will be
installed by department personnel at a cost much lower than
that charged by the contractor.
Mr. Cam Clark of Peat, Marwick & Mitchell gave a brief FY 1979-1980
report regarding the annual report and audit. President ANNUAL AUDIT
Clayton thanked Mr. Clark for being here this evening. AND REPORT
Moved by Kavitt , seconded by Hartstein, to accept the
1979/80 annual audit and report. Upon voice vote, the
motion was unanimously declared carried.
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10/6/80
Mr. Balling stated that he wished to publicly extend BUFFALO GROVE
his appreciation to Mr. Brimm for an excellent job of DAYS - 1980
financial management this year. Mr. Brimm reported on
the present financial status of Buffalo Grove Days -
1980.
Mr. Panella reported that all organizations were pleased
with the amount of money that they made, and indicated a
willingness to participate again; he also pointed out the
Committee's goals for next year, and thanked everyone
involved for their help.
President Clayton reported that most of the community
organizations that made money are going to use that
money for a community project.
Moved by O 'Reilly, seconded by Kavitt, to accept the
final Buffalo Grove Days report for 1980. Upon voice
vote, the motion was unanimously declared carried.
Mr. Balling explained that he had spoken with Mr. Knaak CONCRETE DRIVE-
regarding the Village policy pursuant to concrete drive- WAY APRON
way aprons, which is summarized in Mr. Boysen 's memo of LIABILITY APPEAL
September 30, 1980 to Mr. Balling. Mr. Knaak then
explained the situation existing at his home, stating
that the concrete has caved in surrounding the storm
sewer on his driveway apron-. He believes the situation
at his home, as well as at other homes in the area, could
be the fault of the Village. Mr. Boysen then commented
on the situation. It was stated that the concrete driveway
apron is the owner 's responsibility, and there is no Village
I,I
policy for assuming any liability of same.
Discussion then took place regarding whether or not the
Village should assume any responsibility for driveway
aprons if it could be proved that the Village were at
fault. Mr. Raysa commented on a letter he had written
to the Village Manager on January 11 , 1979 regarding a
residence on Aspen; he also referred to Illinois case
law regarding driveways . Mr. Raysa recommended that the
current policy of the Village, which is not to repair
driveways, remain in full force. He stated that, if
the Village is somehow shown liable for driveway damage,
it should be handled on a case-by-case basis, whereby
the staff would review each deficiency individually.
Moved by Marienthal , seconded by O'Reilly, that at this
time the Village would uphold its present policy of not
repairing driveway aprons, but could consider same on a
case-by-case basis with regard to a Village system which
could cause a break-up of same. Upon roll call , Trustees
voted as follows :
AYES: 4 - Marienthal , O'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Marienthal
Motion declared carried.
5744
10/6/80
President Clayton declared a recess at 9:23 P.M. The RECESS
meeting resumed at 9:33 P.M.
Mr. Balling commented on the proposed increase for Buffalo BUFFALO GROVE
Grove Disposal Company scheduled to begin on November 1 , DISPOSAL COMPANY
1980. He said that this has been reviewed by staff, and }'
they have concluded that the rate increase is within the
scope of the contract parameters; it is in fact somewhat
less than the maximum increase that could be requested.
The proposed increase is 77 per residential user. Mr.
Balling then explained some alternatives to decrease
this increase; the main alternative would be once weekly
pick up during the winter months, and twice weekly pick
ups during the summer months; the other alternative is to
promote recycling. Details on same are contained in Mr.
Brimm's memo to Mr. Balling of October 1 , 1980. Trustee
Marienthal suggested that the Village not charge the
Disposal Company the $850/month billing fee now charged,
which would result in a l5r benefit to each account.
Discussion then took place on the once weekly pick up
during the winter months . President Clayton felt it
would be beneficial to get input from residents to see
if they would prefer having a reduction in service to
an increase in rates.
Moved by Marienthal , seconded by O ' Reilly, that the
Board approve the increase as stated in Mr. Brimm's
October 1 , 1980 memo; that being 77 minus the 15
for billing, or 62 per month per account, and that
twice weekly pick ups be continued. Upon roll call ,
Trustees voted as follows:
AYES : 4 - Marienthal , O 'Reilly, Hartstein, Kavitt
NAYES: 0 - None
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
It was the consensus of the Board that staff would try
and get input from residents regarding once weekly
pick ups , and also that staff would look into what
other communities are doing regarding the possibility
of recycling garbage.
Mr. Brimm stated that the rate increase would require
an amendment to the contract, which will be on the agenda
for October 20, 1980.
Moved by Marienthal , seconded by Hartstein to extend the DEARBORN DEVELOP-
Preliminary Plan for Dearborn Development for a period PINT PRELIMINARY
of 6 months. Upon roll call , Trustees voted as follows: PLAN EXTENSION
AYES : 3 - Marienthal , Hartstein , Kavitt
NAYES: 1 - O' Reilly
ABSENT: 2 - Stone, Gerschefske
Motion declared carried.
Mr. Sommer introduced Mr. Jerry Berger and Mr. Don Marrow
of Real Estate General Corporation.
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10/6/80
Mr. Balling introduced Mr. Bill Grams of the Northwest NORTHWEST
Municipal Conference. Mr. Grams highlighted the programs MUNICIPAL
of the Conference over the past year; and also some of the CON-FERENCE
things they hope to accomplish in the near future. Mr. ANNUAL REPORT
Grams gave a brief explanation of a study the conference
is conducting on solid waste.
President Clayton thanked Mr. Grams for attending tonight 's
meeting.
Moved by O 'Reilly, seconded by Marienthal , to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 10:00 P.M.
, C `1)1 '
Janet M, irabian, Village Clerk
APPROVED BY ME THISjp DAY
OF C'',t G�1 , 1980.
illage Presi ent