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1979-05-21 - Village Board Regular Meeting - Minutes 5435 5/21/79 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, MAY 21 , 1979 EXECUTIVE The President and Board of Trustees met in Executive Session SESSION from 7: 15 P.M. until 8:55 P.M. to discuss personnel and litigation. CALL TO President Clayton called the Regular Meeting of the President ORDER and Board of Trustees to order at 9:00 P.M. in the Municipal Building, 50 Raupp Boulevard. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present : President Clayton; Trustees Marienthal , Stone, O' Reilly, Hartstein, and Kavitt. Trustee Gerschefske was absent. Also present were William Balling, Village Manager; William Sommer, Assistant Village Manager; William Brimm, Finance Director; William Raysa, Village Attorney; Gregory Boysen, Village Engineer; Dick Kuenkler, Civil Engineer; Frank Hruby, Building and Zoning Director. APPROVAL OF Moved by Hartstein, seconded by Stone to approve the minutes MINUTES of the Regular Meeting of the Board of Trustees of May 7, 1979 as written. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. WARRANT #403 Moved by Marienthal , seconded by Stone to approve Warrant #403 in the amount of $227,035.45 authorizing payment of bills listed. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. PRESIDENT'S President Clayton, upon recommendation of the Plan Commission, REPORT/PLAN reappointed James Button to the Plan Commission fora term to COMMISSION expire April 30, 1982. Moved by Marienthal , seconded by APPOINTMENT Stone to concur with the President 's appointment. Upon voice vote, the motion unanimously carried. President Clayton, upon recommendation of the Plan Commission, appointed Patrick Shields as Chairman of the Plan Commission for a term to expire April 30, 1980. Moved by Hartstein, seconded by Kavitt to concur with the President's appointment. Upon voice vote, the motion unanimously carried. 5436 5/21/79 YOUTH President Clayton, upon recommendation of the Youth Commission, COMMISSION appointed James Lippert, Mark Friedman, Sharon Brown, Steve Turf, and Robert Bogart to the Youth Commission for a term to expire April 30, 1982; and Jim Siko, Karon Wessel , Brett Samsky, and Gina Gaudio for a term to expire April 30, 1980. Moved by Stone, seconded by O'Reilly to concur with the President 's appointments. Upon voice vote, the motion carried unanimously. L President Clayton then recognized Mr. Al Preusker, representing the Jewel Corporation, who presented a check from Jewel to the Youth Commission. President Clayton thanked Mr. Preusker and Jewel for their donation. CONSENT Trustee Hartstein commended the staff on the improved written AGENDA explanation of the Consent Agenda items on tonight's printed agenda. Mr. Hartstein also asked that the Village President verbally explain to the audience that they have the right to ask that an item be removed from the Consent Agenda. Moved by Hartstein , seconded by Stone that the following procedures be followed with regard to the Consent Agenda of the Board of Trustees: 1 . That the Village Manager or his designee shall prepare a brief explanation on each Consent Agenda item or group of related items that will give the public at large a clear understanding of matters enumerated on the Consent Agenda. Said explanation shall be included on the typed Consent Agenda and be made available to the press and the public at large at all meetings of the Board. 2. That the Village President, before proceeding with consideration of the Consent Agenda by the Board, shall verbally explain to. the public at large in attendance that any citizen can request that a Consent Agenda item be fully considered in the normal sequence of the meeting. Before proceeding, the President shall ask if there are any such requests. Upon roll call , Trustees voted as follows: AYES : 4 - Marienthal , Stone, Hartstein, Kavitt NAYES: 1 - O' Reilly ABSENT: 1 - Gerschefske Motion declared carried. TOWN LIBRARY Trustee Marienthal asked for the formation of a Blue Ribbon COMMITTEE Committee to be formed to get more information regarding the recent survey conducted by a group of citizens concerned with the Indian Trails Library decision to build their new building at a site other than Buffalo Grove. Mr. Marienthal said that the focus of this Blue Ribbon Committee would be: 1 ) Education of the public; 2) Cost involved; 3) Legislative. 5437 5/21/79 Mr. Marienthal recommended that the following five citizens serve on this committee, in addition to one representative each from the Indian Trails and the Vernon Library Boards. Mr. Marienthal stated that the following individuals are willing to serve on this committee: Jim Button, KaroleMarienthal , Jordan Shifrin, Burt Harris, and Ann Tomasello Trustee Marienthal moved that a Blue Ribbon Committee, consisting of Jim Button, KaroleMarienthal , Jordan Shifrin, Burt Harris, and Ann Tomasello, be formed, and their responsibilities would deal in the areas of cost, legislative, education to the general public, listing all alternatives that are available for the present library or a new library that could be formed. Some of the alternatives that they would include, but not be limited to, would be: 1 . Branch library in Buffalo Grove 2. Disposal of excess or unused books 3. Store front branch 4. Building a new library in Buffalo Grove 5. Agreement with the present site that the Indian Trails Library Board has selected. The Committee would be specifically directed to report back to the Board regarding their alternatives and their recommendation. There will be no expension of staff time without further direction from the Board. Trustee Stone seconded the motion. Trustee Stone asked if Mr. Marienthal would be on the Committee. Mr. Marienthal said he would not be on the Committee, but would be willing to serve as a liaison and report findings back to the Board of Trustees. President Clayton asked Mr. Balling if there would be any benefit to having a staff liaison to this Committee. Mr. Balling stated that it would ultimately be beneficial . Trustee O 'Reilly asked if the Blue Ribbon Committee would be working with the survey already completed; her feeling was that the questions asked on the survey were biased. Trustee Marienthal said that the survey already conducted would be incorporated by the Blue Ribbon Committee. Trustee Hartstein was not happy with the completeness of the survey. Mr. Hartstein feels that the Board must give a direction to the Blue Ribbon Committee as to what we want them to come back with. For example, they should submit by a specific date what they perceive to be the alternatives for library services for Buffalo Grove, and also some fiscal considerations regarding these alternatives , as well as their recommendation. Trustee Stone said the committee must also come up with a way of getting out of our present library districts if they are proposing forming a new library district. Trustee O' Reilly said that she is not against studying the issue, but she does not want to see staff time used for the study. 5438 5/21/79 Mr. Balling said that the alternatives to the present library could be accomplished by the Committee, but that when the fiscal impact became involved, it would require staff time. Mr. Robert Bogart stated that, while serving as Trustee, he approached the Library Board regarding locating the new facility in the Town Center; that request was denied. He feels that if the residents of Buffalo Grove are not happy with the Library Board, they should vote them out, but not take over their jobs. President Clayton stated that she feels there is interest in having a library in Buffalo Grove, and the purpose of this Committee would be to give it formal status to review ways to make that possible. Trustee Stone said that he would like to see staff time kept as much to a minimum as possible. Trustee Hartstein stated that he would also like to see staff time kept to a minimum, but he feels that having representation from the library districts will give the Board a broad base of input. Trustee O'Reilly would like a compromise on 3 or 6 months time, but no staff time to be expended until they come back to the Board and request it. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. President Clayton then appointed James Button, Karole Marienthal , Jordan Shifrin, Burton Harris, and Ann Tomasello to the Blue Ribbon Committee to study the Library. The Committee would also include one representative from the Indian Trails Library District, and one representative from the Vernon Area Library District, to be determined by them. Trustee Marienthal moved to concur with the appointments. Trustee Stone seconded. Upon voice vote, the motion was unanimously declared carried. VILLAGE Mr. Balling had nothing to report, other than explaining the MANAGER'S Administrative Activities Report to the new Trustees. REPORT FOURTH OF Mr. Bob Bogart asked if the Board would consider a donation JULY of up to $1 ,000 to help pay for the fireworks on July 4th. ..�. These funds could be made available from the Buffalo Grove Days budget. Mr. Bogart said that $7,500 has been budgeted for Buffalo Grove Days, and he stated that he has submitted a preliminary budget which is well under that figure. Trustee Kavitt asked if the Village could consolidate their display with other Villages. Mr. Bogart said that the Jaycees have always had the fireworks display, and said that it would not be feasible to con- solidate this year. 5439 5/21/79 Mr. Bogart said that previously the Jaycees have been able to fund the fireworks, but because of a depleted treasury, they are not able to spend more than $1 ,500 this year. Trustee Marienthal stated that he had spoken with the Park District and that they would be willing to split this cost with the Village; i .e. both the Village and the Park District would donate $500. Moved by Marienthal , seconded by Stone that the Village expend not more than $500 to be taken from the Buffalo Grove Days budget for a 4th of July fireworks display in conjunction with the Park District. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. CONSENT AGENDA President Clayton asked if any member of the audience or any Trustee had a request to remove any item from the Consent Agenda. There were no such requests. CENTEX/WATER Moved by Stone, seconded by Hartstein to execute the Release SERVICE AGREE- which releases Centex from the provision of temporary water MENT RELEASE service agreement. Upon roll call , the Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. RESOLUTION Moved by Stone, seconded by Hartstein to pass Resolution #79-36 #79-36, a resolution establishing delegate alternate Richard Kavitt to the Board of Directors of the Northwest Suburban Water System. Upon roll call , the Trustees voted as follows : AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. RESOLUTION Moved by Stone, seconded by Hartstein to pass Resolution #7937 #79-37, a resolution appointing alternate representation to the assembly of mayors and Village Presidents of Northeastern Illinois. Upon roll call , the Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. RESOLUTION Moved by Stone, seconded by Hartstein to pass Resolution #79-38 #79-38, a resolution authorizing participation of the Village of Buffalo Grove in the NWMC request for proposals for service of CATV, within its local jurisdiction. Upon roll call , the Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. 5440 5/21/79 RESOLUTION Moved by Stone, seconded by Hartstein to pass Resolution #79-39 #79-39, a resolution conveying Lot A in Crossings Unit III to the Buffalo Grove Park District. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. RESOLUTION Moved by Stone, seconded by Hartstein to pass Resolution #79-40 #79-40, a resolution conveying Lot B in Crossings Unit III to the Buffalo Grove Park District. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: I - Gerschefske Motion declared carried. RESOLUTION Moved by Stone, seconded by Hartstein to pass Resolution #79-41 #79-41 , a resolution conveying Lot A, Heritage Place Unit I to the Buffalo Grove Park District. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. LAKE-COOK Moved by Stone, seconded by Hartstein to accept public ROAD municipal improvements to Lake-Cook Road. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. HOME FEDERAL Moved by Stone, seconded by Hartstein to accept the Plat of SAVINGS & Easement for Home Federal Savings & Loan (Plaza Verde) . Upon LOAN roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. WELL #6 Moved by Stone, seconded by Hartstein to accept Change Order CHANGE ORDER #7 for Well #6. Upon roll call , Trustees voted as follows : #7 AYES: 5 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. 5441 5/21/79 PUBLIC President Clayton called the Public Hearing to order at HEARING 9:55 P.M. APPROPRIATION ORDINANCE Present were: President Clayton; Trustees Marienthal , FY 1979/80 Stone, O'Reilly, Hartstein, Kavitt. Trustee Gerschefske was absent. President Clayton announced that notice of this Public Hearing appeared in the Buffalo Grove Herald on May 10, 1979. �•/ Finance Director William Brimm presented the preliminary document for the Appropriation Ordinance for the 1979/80 fiscal year. Mr. Brimm stated that the Approprillion Ordnance is the legal limit to which the Village can CORRECTION expend funds, andni`s et` ` control document for day by day activities. The Village's auditing firm has reviewed the Appropriation Ordinance. Trustee Hartstein asked if any expenses incurred in the April 1979 election would be included in this Ordinance. He stated that if there were expenses from the recent election, the $4,000 appropriated for elections would not be sufficient to cover a referendum which might occur during this fiscal year. Mr. Sommer stated that since the election occurred during the last fiscal year, those expenses will be charged back to last year's budget. Trustee Kavitt questioned the Village Prosecutor's salary since, due to an increased court load, he may be spending a full day in court, rather than one half day. Mr. Balling stated that he will have this analyzed before June 4th, but stated that the salary will be higher to cover the increased time allocation. President Clayton asked if there were any questions from the audience. There were none. President Clayton stated that the staff would put the Appropriation Ordinance in final form to be acted upon June 4, 1979. President Clayton adjourned the Public Hearing at 10:00 P.M. ORDINANCE President Clayton stated that the Ordinance amending the NO. 79-26r Buffalo Grove Zoning Ordinance regarding the setback lines, Zoning and also amending the Zoning Map, is currently tabled. setback) Trustee Hartstein moved that this particular pending matter be removed from table and considered at this time. Trustee Marienthal seconded the motion. Motion unanimously carried by voice vote. Mr. John Quick of the ZBA stated that the ZBA recommends that the proposed ordinance be passed. He said that two problems result if this is not passed: 1 . Homeowners whose homes do not meet the new ordinance cannot rebuilt their original home if the home burns down. This particularly applies to the R-4 Strathmore homes . 5442 5/21/79 2. Many homeowners would not be able to build additions without a variance, and some would not be able to build additions even with a variance. Mr. Quick said that the ZBA supports larger lot sizes, but they feel that developments should be planned with these requirements in mind. He said that many people are staying in their present homes and building additions because of the high cost of new homes. Mr. Jim Button of the Plan Commission said that the feelings of the Plan Commission are substantially the same as those already stated. President Clayton asked how much information regarding drainage is presented when a variance is considered. Mr. Hruby said that thus far, the Engineering Department has not been used for reviewing room additions. He said that he is looking into the matter, and that, in the future, there should be a review by the Engineering Department before a building permit is issued. Trustee O'Reilly feels that the drainage is very important, because although an addition may not cause a problem to that particular house, it could cause a severe problem 4 or 5 houses down the line. Mr. Heinrich, Chairman of the ZBA, said that he feels it is appropriate to introduce a policy that no variance be granted unless there is a drainage report submitted. CORRECTION Moved by Hartstein, seconded by Kavitt, to *pass Ordinance #79-26, amending the Buffalo Grove Zoning Ordinance of 1961 as amended (setback lines) and amending the Zoning Map. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein, Kavitt NAPES: 1 - O'Reilly ABSENT: 1 - Gerschefske Motion declared carried. BUFFALO GROVE Trustee Marienthal explained that the developer wants to MALL/PARKING increase the green area in the parking lot by an additional LOT MODIFICA- 3' in order to construct a bike path along Dundee Road. Mr. TION Marienthal asked if the number of parking spaces in the lot would still be sufficient if this were to be done. Mr. Balling answered that there is sufficient area so as not to cause a problem. President Clayton polled the Board as to their feelings on this. A "yes" vote would favor changing the 12 parking spaces so that they would not back out directly onto the collector street. A "no" vote would be the opposite. YES : Marienthal NO: Stone, O 'Reilly, Hartstein, Kavitt ABSENT: Gerschefske The parking spaces will remain. 5443 5/21/79 Following further discussion, Trustee Stone moved to approve the concept, and review the plan after it is finished. Trustee Hartstein seconded the motion. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O'Reilly, Hartstein, Kavitt NAYES: 1 - Marienthal (based on what has previously taken place at this site) ABSENT: 1 - Gerschefske Motion declared carried. Mr. Balling said that this item would be on the agenda for June 4, 1979. MIDWEST BANK Trustee Marienthal commented on this subject, and stated & TRUST COMPANY that he would not make a motion to extend the annexation #71-10-621 agreement. Extension of Annexation Mr. Salvatore Santoro, representative of Midwest Bank & Trust Agreement) Company, gave a brief history of this annexation agreement, and stated his reasons for feeling that it should be extended. Mr. Balling stated that there was never a preliminary plan approved for the balance of this property (excluding the Shell Oil site) . Mr. Santoro disagreed with that statement. Moved by Marienthal , seconded by Stone to deny the extension of the Annexation Agreement, Midwest Bank & Trust Company #71 -10-621 . Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. Mr. Santoro stated that he would seek any and all remedies available to him under the law. ADJOURNMENT Moved by Marienthal , seconded by Stone, to adjourn. Upon voice vote, the motion unanimously carried. The meeting was adjourned at 11 :00 P.M. 0,a rn Jane I. Sirabian, (Tillage Clerk PASSED AND APPROVED BY ME THIS q DAY OF , 1979. t., ate_ Village President