1981-04-06 - Village Board Regular Meeting - Minutes 5815
4/6/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, APRIL 6, 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.
v Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal , Stone, O'Reilly, Hartstein, Kavitt, and
Gerschefske. Also present were: William Balling, Village
Manager; William Raysa , Village Attorney; William Brimm,
Finance Director; Gregory Boysen, Director of Public Works ;
Frank Hruby, Director of Building and Zoning; and Paul
Kochendorfer, Village Treasurer.
Moved by O'Reilly, seconded by Kavitt, to approve the minutes APPROVAL OF
of the March 16, 1981 Regular Meeting. Upon roll call , Trustees MINUTES —
voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt ,
Gerschefske
NAYES: 0 - None
Motion declared carried .
Mr. Kochendorfer read Warrant #449. Moved by Marienthal , WARRANT #449
seconded by O' Reilly, to approve Warrant #449 in the amount
of $501 ,519.38, authorizing payment of bills listed. It was
pointed out that the purchase of the IBM System 34 is included
in Warrant #449. Upon roll call , Trustees voted as follows:
AYES: 6 - i•larienthal , Stone, O'Reilly, Hartstein , Kavitt ,
Gerschefske
NAYES: 0 - None
Motion declared carried.
President Clayton re-appointed Robert Greenberg to the Police POLICE PENSION
Pension Board for a term to expire April 30, 1983. Moved by BOARD APPOINT-
Marienthal , seconded by O'Reilly, to concur with President MENT
Clayton 's appointment. Upon voice vote, the motion was
unanimously declared carried.
President Clayton appointed Carmelo Cea to the Business BDDC APPOINT-
District Development Commission for a term to expire April 30, MENT
1982. Moved by Gerschefske, seconded by Marienthal , to
l concur with President Clayton 's appointment. Upon voice vote,
. the motion was unanimously declared carried.
President Clayton reminded everyone to vote in tomorrow's APRIL 7, 1981
municipal election , and the Village Clerk informed everyone ELECTION
of the procedure which would take place regarding the election
results .
Mr. Balling noted the filing of the Monthly Activities Report MONTHLY
for February, 1981 . He stated that there is a portion of the ACTIVITIES
report missing from the Police Department , and said that this REPORT
will be distributed under separate cover.
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4/6/81
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 Item XII , D be removed for further discussion.
Moved by O' Reilly, seconded by Stone, to pass Ordinance #81 -12, ORDINANCE #81 -12
amending the plumbing code, Chapter 15.28 of the Buffalo Grove
Municipal Code. Our water conservation standards are being
modified to prohibit "open system air conditioning systems"
for major structures pursuant to IDOT requirements . There are
no such systems in the Village to our knowledge. Upon roll call ,
Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O' Reilly, seconded by Stone, to pass Ordinance #81 -13, ORDINANCE #81-13
an ordinance for the recoupment of advances from others for
construction of watermains. The utility recapture provisions
of this legislation will collect from benefitted property owners
when they connect to our system. Buffalo Grove has no financial
exposure in this matter. Upon roll call , Trustees voted as
follows :
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone to pass Ordinance #81-14, ORDINANCE #81-14
amending 2. 14 of the Buffalo Grove Municipal Code (Police -`
Department) . The new command structure approved in the
FY 81 -82 budget requires an amendment to the Municipal Code
for 'the Police Department. In addition, some provisions have
been revised to reflect current operating conditions. Upon
roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O 'Reilly, seconded by Stone, to pass Ordinance #81-15, ORDINANCE #81 -15
amending BG16-104, and Chapter 1 .08 of the Buffalo Grove
Municipal Code (Penalties) . The Village Prosecutor has
suggested modification to the Municipal Penalty provisions.
Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt ,
Gerschefske
NAYES : 0 - None
Motion declared carried.
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4/6/81
Moved by O' Reilly, seconded by Stone, to pass Ordinance #81 -16, ORDINANCE #81 -16
an Ordinance repealing Ordinance #81 -8 and withdrawing from _ _____ __
the NWSWS. Due to scrivener's error, council for NWSWS has
requested the withdrawal of Ordinance #81 -8 and reapproval
of an ordinance withdrawing the Village from NWSWS . Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O' Reilly, seconded by Stone, to award bid for 1981 1981 MFT
MFT Materials to qualified low bidder. Competitive bidding MATERIALS
has identified: Liberty Asphalt, $15,468.00; Vulcan Material ,
$5,287.50; Hall Signs, $4,895,80; Pontiac Correctional Center,
$2,298.96; and Warning Lites, $546.40; totalling $29,496.66.
Upon roll call , Trustees voted as follows:
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt,
Gerschefske
NAYES : 0 - None
Motion declared carried.
Moved by O' Reilly, seconded by Stone, to award bid for Busch BUSCH ROAD
Road Fire Station wardrobe lockers. Competitive bidding has FIRE STATION
identified Hausmann Industries as our only bidder in the (Wardrobe
amount of $6,000.00. Upon roll call , Trustees voted as follows: lockers3
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O' Reilly, seconded by Stone, to award bid for Busch BUSCH ROAD
Road Fire Station internal communications system. Competitive FIRE STATION
bidding has identified Sound, Inc., Warrenville, Illinois as ( Internal
low qualified bidder, in the amount of $8,429.00. Upon roll Communications
call , Trustees voted as follows :
AYES: 6 - i•iarienthal , Stone, O'Reilly, Hartstein , Kavitt, .
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O' Reilly, seconded by Stone, to approve final HIGHLAND POINT
acceptance of the Highland Point VII 33" Sanitary Sewer. VII (33r' Sani-
Pursuant to the SIA for the Highland Point VII subdivision, tary Sewerj
acceptance of the oversized sewer is provided for once this
structure is completed and accepted. Upon roll call , Trustees
voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
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Moved by O' Reilly, seconded by Stone, to grant authority to 1981 MOSQUITO
award contract and waive bids for the 1981 Mosquito Abatement ABATEMENT
Program. The FY 81 -82 budget provides for this program at PROGRAM
$16,500. Staff recommends renewal with present contractor,
Clarke Outdoor Spraying Company, in this amount. Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to grant authority to APCOR 8
purchase and waive bids for APCOR 8 Frequency Radio and MRL-450 FREQUENCY RADIO
SL Monitor Defibrillator. The Fire Department' s MICU System AND MRL-450
Specifications require the purchase of prescribed equipment. SL MONITOR
This purchase from Motorola, Inc. , Schaumburg, in the amount DEFIBRILLATOR
of $12,403.00 has been identified in the FY 81 -82 budget as
$11 ,800.00. The difference will be made up by reducing our
quantity of hose purchased in the fiscal year. Upon roll call ,
Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to accept Appearance WESTWOOD
Commission recommendation for elevations, materials , model
landscaping, model lighting for Westwood. The Appearance
Commission recommends approval of the aesthetic elements of
this project. Upon roll call , Trustees voted as follows: _
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved byO'Reilly, seconded byStone, to accept Appearance CHATHAM MANOR
Y P PP
Commission recommendation for Chatham Manor, model area
landscaping and lighting, entrance monuments and median trees .
The Appearance Commission recommends approval of the aesthetic
elements for this project . Upon roll call , Trustees voted as
follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 None
Motion declared carried.
Mr. Balling explained Resolution #81-16, accepting a contract RESOLUTION
between the Village of Buffalo Grove and the Northwest Water 7 T i6 NWC
Commission (member contract) . He pointed out that we are Member Contract)
working with a maximum day planning requirement which is
somewhat less than that what we had earlier projected with
Venture planning studies, and stated the reasons that staff
feels that this is a realistic figure for us. Mr. Balling
then explained the method of payment and how the payments to
the Northwest Water Commission will be construed by its members.
5819
CORRECTION
4/6/81
PARAGRAPH AT TOP OF PAGE 5819:
Mr. Balling stated that the Commission and the Village desire
for water to be treated as a commodity charge, and therefore, an
operational maintenance expense. Under the provisions of our
bond ordinance and that of the members, operational expenses
have priority over the debt obligations of the system, reserve
account obligations , and other funding. The language on page
19 which describes same is the proper language to put that
provision into effect. The Village Attorney has contacted
both Chapman & Cutler, and Ross Hardies, and reviewed the
ordinance itself, and is satisfied that this language is
appropriate for that purpose. It clarifies that water will
be a commodities charge, and not a debt service charge, under
the system. Mr. Raysa stated that he had spoken with Bob
Sharp of Chapman & Cutler, and said that they are well aware
of our bond ordinance.
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4/6/81
Mr. Raysa pointed out a change on page 19. The words "water
revenue" should be stricken, and the sentence should read:
"the municipality also covenants to meet all requirements of
any ordinances authorizing revenue bonds of the municipality
for water purposes". Mr. Raysa also clarified some other
points in the contract. Mr. Raysa pointed out a technical
correction on the Ordinance Authorizing an Obligation to the
Northwest Water Commission. The last clause reads "Whereas
the Village has available sufficient funds"; this clause
should read: "Whereas the Village will have available
sufficient funds".
Moved by Marienthal , seconded by Stone, to pass Resolution
#81 -16. Upon roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt,
Gerschefske
NAYES : 0 - None
Motion declared carried.
Moved by Hartstein, seconded by O'Reilly, to pass Ordinance ORDINANCE #81-17
#81 -17, an ordinance authorizing an obligation to the Northwest
Water Commission for proportionate share of development costs .
Upon roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Discussion on the enabling Ordinance for Cable Television CABLE TELEVISION
was deferred in order that the attorney from Warner-Amex be
present.
Mr. Ralph Williams , Williams Business Interiors , explained BUSCH ROAD FIRE
the reason that he requested that this item be removed from STATION
the Consent Agenda, and stated the reasons that he felt his ( Interior
company was the low bidder. For the record, Mr. Sommer 's memo Furnishings)
of April 2, 1981 , details the reasons that Business Interiors
was chosen as low qualified bidder. Mr. Williams stated that
he felt that there should be more specificity as to what is
desired provided on the bid forms . After discussion, it was
moved by Hartstein, seconded by Kavitt, that we table this
matter, pending further investigation by staff. It was
requested that all items be itemized. There was then dis-
cussion as to the timetable in order to have the station
furnishings when the station opens. Upon roll call , Trustees
voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt,
Gerschefske
NAYES : 0 - None
Motion declared carried.
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Discussion then returned to the proposed Cable TV Ordinance. ORDINANCE #81-18
Mr. Raysa pointed out the changes that were made to this (Cable TVI
proposed ordinance at last Thursday' s meeting. Lengthy
discussion took place on the word "substantial" in line 3,
Section 6, Subparagraph A, and the word "substantially" in
line 5 of the same paragraph. Mr. James Lennon, attorney for
Warner-Amex explained their point of view on same. President
Clayton polled the Board: "Yes" indicates favor of deleting
V "substantial " or "material " from this particular section of
the ordinance; "No" indicates opposition:
YES: Marienthal , Stone*, O' Reilly, Hartstein , Kavitt,
Gerschefske
NO: None
*Until such time as there is a definition.
The next item of discussion was on page 10, Section 7,
which reads "service to a greater than percentage
of subscribers"; Warner had suggested that 33% be inserted
in the blank. There was Board concurrence that this figure
be "100", and Mr. Lennon had no objection to same.
On page 32, Section 6, A, 2. , Mr. Raysa stated that the old
language stated: "to adopt in addition to the provisions
contained herein and in the franchise and in any existing
applicable ordinances such additional regulations as it shall
find necessary in the exercise of its police power". Mr. Raysa
did not like that language, and the current draft reads:
"pertaining to its local governmental affairs", (home rule
language) . Warner has recommended adding to the above:
"to protect the health, safety, and welfare of its inhabitants",
(non-home rule language) .
President Clayton polled the Board, with each Trustee stating
their preference for either home rule or non-home rule language:
NON-HOME RULE - Marienthal , Stone, O'Reilly, Hartstein*, Kavitt
HOME RULE - Gerschefske
*With reservations.
Moved by Stone, seconded by O'Reilly, to pass Ordinance #81 -18,
an enabling ordinance providing specifications for Cable
Television. Upon roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Mr. Callaghan gave his presentation to the Board for the Town TOWN CENTER
Center Office Center, 10.61 acres located on Buffalo Grove OFFICE CENTER
Road at Checker Road. He stated that they feel there is a
need for local office space in the area. Trustee Hartstein
noted suggestions made by the Village Planner in his memo.
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4/6/81
Moved by Hartstein, seconded by Kavitt , that the Board
refer this particular plan to the Plan Commission , subject
to recommendations 2 and 3 of the Village Planner, contained
in his memo of April 2 , 1981 , and with request that the Plan
Commission evaluate the pros and cons of the ingress/egress
at the northern portion of the development. It was requested
that the developer look into underground parking facilities.
Upon voice vote, the motion was unanimously declared carried.
Moved by Kavitt , seconded by Stone, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 8:45 P.M.
rt u- •
tiu-.cto.,
Janet M dSirabian, Village Clerk
APPROVED BY ME THIS C d)DAY OF
( e , 1981 .
Village President