1979-08-20 - Village Board Regular Meeting - Minutes 5488
8/20/79
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE , ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 20, 1979.
CALL TO ORDER President Clayton called the meeting to order at 8:05 P.M.
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, Kavitt,
`J Gerschefske.
Also present were William Balling, Village Manager; William
Sommer, Assistant Village Manager; William Brimm, Finance Director; Paul
Kochendorfer, Village Treasurer; Gregory Boysen, Village Engineer; Richard
Kuenkler, Civil Engineer; Bart Delaney, Planning Coordinator. Mr. Richard
Raysa, acting Village Attorney, arrived at 8:30 P.M.
CLERK PRO Moved by Hartstein, seconded by Gerschefske, to appoint
TEM Carol Hennenfent Clerk Pro Tem in the absence of the Village
Clerk. Upon voice vote, the motion was unanimously carried.
APPROVAL OF_ Moved by Hartstein, seconded by Marienthal , to approve the
MINUTES minutes of the regular meeting of the Board of Trustees of
August 6, 1979, with the following corrections :
Page 5483 - Under Ordinance #79-32 (Parking) - paragraph 6 -
motion should read "to pass Ordinance #79-32".
Page 5478 - Under Property Tax Reapportionment - paragraph 9 -
the word State should be corrected to read "Department of Local
Government Affairs".
Page 5485 - Under Buffalo Grove Datsun - Paragraph 8 should
read "Trustee O'Reilly stated that this park site could be
developed by residents seeking donations and working on the
park without the Village's financial participation."
Upon roll call , Trustees voted as follows :
AYES: 5 - Stone, O' Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSTAIN: 1 - Marienthal
Motion declared carried.
WARRANT #409 Paul Kochendorfer, Village Treasurer, presented Warrant #409 in
l the amount of $131 ,097.22. Moved by Hartstein, seconded by
. Gerschefske to approve Warrant #409 authorizing payment of
bills listed. 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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8/20/79
VILLAGE Mayor Robert Coffin and Trustee Gail Sklar of the Village of
PRESIDENT'S Long Grove were present to discuss the DiMucci property with
REPORT the Board.
Village of
Long Grove Mayor Coffin reviewed the position of his Village regarding
DiMucci) this property located at Lake-Cook and Hicks Roads, who have
Rt. 53 petitioned for annexation to Long Grove (position paper on
file in the Clerk's Office) . He did not feel his Village could
delay consideration of annexation of this subdivision for an
expressway that might never be built and that the proposed annexation complies
with the basic ordinances of the Village of Long Grove.
Mayor Coffin also requested support from the Village of Buffalo
Grove to support three proposals to alleviate traffic congestion at Dundee Road,
irregardless of whether or not Route 53 is extended north, which were: 1) a
cloverleaf ramp at Route 53 and Dundee Road be added; 2) reopen the slip entrance
ramp at Route 53 and Rand Road; 3) ending the expressway at Lake-Cook Road. He
further stated that Long Grove has requested the State to consider these proposals .
Trustee Marienthal did not feel these proposals were the answer
to the area's traffic problems and feels the expressway should be extended to
the Wisconsin state line.
President Clayton thanked Mayor Coffin for attending the Board
meeting and stated the Village of Buffalo Grove would study the proposals and
advise him of their findings.
CERTIFICATE OF President Clayton read a Certificate of Appreciation for
APPRECIATION William Davis who has resigned as Public Works Director for
Buffalo Grove for his ten years with the Department of Public
Works as Foreman, Superintendent and Director and wished him
well in his position as Public Works Director in South Carolina. Mr. Davis could
not be present as he is in transit to South Carolina. President Clayton stated
the certificate with a small token of appreciation will be sent to Mr. Davis for
the years of dedication he has given to the Village.
VILLAGE Mr. Balling filed the Monthly Activities Report for August
MANAGER'S with the Board.
REPORT
He further stated that Friday 's rainstorm left the Village with
several areas of wind damage in the area of Crestview and Buffalo
Grove Road as far as tree damage. All the limbs and downed trees will be removed
and the sites cleaned by close of business Tuesday August 21st. The power outage
experienced in the Village on Friday between 10:30 P.M. and 1 : 15 A.M. did shut
down Wells 1 & 2 although there was no loss of pressure because of low demand
�./ during this time. Mr. Balling also stated there was no reported flooding in
the Village.
QUESTIONS FROM Mr. Irvin Feldberg, 1408 Caren Court; Mr. Larry Stein, 1412
THE AUDIENCE Caren Court; and Mr. Ed Wales, 1400 Caren Court, were present
(Drainage) to apprise the Village of the drainage problems they are
experiencing on their property. They requested that the Village
assure them that they will assist in getting Levitt to correct
these problems. Discussion followed reference grading, the installation of
sump pumps and a french drain. Greg Boysen, Village Engineer, stated that the
engineering department is aware of the problem and has been working with Levitt
and the homeowners to alleviate this problem.
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8/20/79
Mr. Boysen further stated that Levitt has agreed to make
corrections at their expense; that he has a commitment from Levitt in writing
to install the sump pump connections, to install sod where there is seed now
on the properties in question; that Levitt would be required to sod all swaled
areas on the sides and backs of the houses ; and that the Village would monitor
these installations. If there are still problems, then further action would
be taken.
In response to a question from Trustee O'Reilly, Mr. Boysen
�./ stated that the swales were not in according to the plan.
President Clayton stated that if these alternatives do not
alleviate the problem, the Village will continue until an alternative that
does work has been found.
In response to a question from Mr. Balling, Mr. Boysen stated
that in his professional opinion the drainage problem in question can be alleviated
through the remedial measures discussed this evening, but if for any reason it
does not, he has advised Levitt that an approval for a change in grading would
not be approved; the Village would only approve the installation of sump pumps
and then after a period of monitoring, a reasonable period being at least 30
days, then the grading could be approved.
In response to a question from Mr. Balling, Mr. Feldberg stated
he is in agreement to permit the Phase I improvements and the alternatives
discussed this evening as long as the Village, if these alternatives do not
correct the problem, require Levitt to return and regrade the established lots.
Mr. Balling stated that without the permission of the property owners to go on
their property the grading would have to take place on the drainage easements,
and that the Village has the authority to remedy the situation.
In response to a question from President Clayton as to whether
the Village can assure these homeowners that the drainage problem will be taken
care of, Mr. Boysen stated yes.
President Clayton thanked the homeowners present for bringing
the problem to the attention of the Board, that their concerns were shared,
and that through the engineering department the corrections will be monitored
and the Board will be kept apprised of the situation.
CONSENT AGENDA President Clayton asked if there were any items that the
members of the audience or Board members wished to remove
from the Consent agenda for further discussion.
Trustee O'Reilly requested that Item B under New Business be
removed.
RESOLUTION #79-58 Moved by O 'Reilly, seconded by Stone, to approve Resolution
(Property tax #79-58, a Resolution regarding property tax apportionment in
aeEortionment) Buffalo Grove.
The Village Board after detailed review and discussion on
August 6, 1979 determined that it was in the best interests of the entire
municipality to abate the Department of Local Government Affairs tax apportion-
ment exercise.
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8/20/79
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
RESOLUTION #79-59 Moved by O'Reilly, seconded by Stone, to approve Resolution
MFT Project Art . #79-59, a Resolution appropriating $167,867 for MFT Project
Hts. Rd. recon- 76-00011-00-PV (Arlington Heights Road reconstruction) .
struction)
MFT guidelines require execution of certain resolutions in
addition to budget approval . This resolution covers the FY
79-80 Arlington Heights Road FAU reconstruction program.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
SALT CONTRACT Moved by O'Reilly, seconded by Stone, to award the FY79-80
(FY 79-80/award salt contract to Morton Salt Company in the amount of $20,502.
contract)
Authorization to award a bid at bid unit price for anticipated
900T of de-icing materials, should 1980 orders reach maximum
allocation (900T) a supplemental MFT resolution will be
presented for Board consideration.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
SIDEWALK, CURB & Moved by O 'Reilly, seconded by Stone, to award the FY79-80
GUTTER REMOVAL & Sidewalk, Curb and Gutter Removal and Replacement Program to
REPLACEMENT PRO- M & A Construction Company in the amount of $25,000.
GRAM
$25,000 worth of work under bid unit prices will be performed
pursuant to our FY 79-80 program.
Upon roll call , Trustees voted as follows:
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
�/ ORDINANCE NO. Moved by Hartstein, seconded by Kavitt, to pass Ordinance
79-34 (Dearborn No. 79-34, AN ORDINANCE APPROVING ANNEXATION AGREEMENT AND
Hidden Lakes DIRECTING EXECUTION THEREOF BY THE PRESIDENT AND CLERK OF
THE VILLAGE OF BUFFALO GROVE (Dearborn Development Co. a/k/a
Hidden Lakes) . Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Hartstein, Kavitt , Gerschefske,
President Clayton
NAYES: 2 - Stone, O 'Reilly
Motion declared carried.
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8/20/79
Annexation agreement is between Chicago Title & Trust #61142,
Dearborn Development Company and the Village of Buffalo Grove for 50.32 acres
lying on Busch Road approximately 2400' east of Old McHenry Road.
ORDINANCE NO. Moved by Hartstein, seconded by Kavitt, to pass Ordinance
79-35 (Dearborn No. 79-35, AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE
Hidden Lakes VILLAGE OF BUFFALO GROVE, ILLINOIS (Dearborn Development Co.
a/k/a Hidden Lakes) . This ordinance is annexing 50.32 acres
lying on Busch Road approximately 2400' east of Old McHenry Road. Upon roll
call , Trustees voted as follows:
AYES: 4 - Marienthal , Hartstein, Kavitt, Gerschefske
NAYES: 2 - Stone, O'Reilly
Motion declared carried.
ORDINANCE NO. Moved by Marienthal , seconded by Gerschefske, to pass Ordinance
79-36 (Dearborn #79-36, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
Hidden Lakes) VILLAGE OF BUFFALO GROVE, ILLINOIS (Dearborn Development Co.
a/k/a Hidden Lakes) . This ordinance is zoning 50.32 acres
lying on Busch Road approximately 2400' east of Old McHenry
Road to the R-1 and R-9 PUD districts. Upon roll call , Trustees voted as
follows:
AYES: 4 - Marienthal , Hartstein, Kavitt, Gerschefske
NAYES: 2 - Stone, O' Reilly
Motion declared carried.
VAGA Trustee Kavitt reviewed with the Board the last Vaga Meeting
AGREEMENT attended and stated that reference the focus of transportation
and environmental issues it was agreed that on page 2, paragraph
4 that the legislative intent of that specific sentence would
relate to transportation and environment. Basically this
agreement is the one discussed previously.
Trustee Kavitt moved that the Vaga Intergovernmental Agreement
as stated before the Board now be passed. Seconded by Gerschefske. Upon roll
call , Trustees voted as follows :
Gerschefske
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt, /
NAYES: 0 - None
Motion declared carried.
PUBLIC LAND Moved by Stone, seconded by Hartstein, to accept the conveyance
ACCEPTANCE of public lands in the Buffalo Grove Highlands for a Well/Fire
(Buffalo Grove Station Site. Upon roll call , Trustees voted as follows:
Highlands - Well/ AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Fire Station Gerschefske
Site) NAYES: 0 - None
Motion declared carried.
PUBLIC LAND Moved by Stone, seconded by Hartstein, to accept the conveyance
ACCEPTANCE of public lands in the Buffalo Grove Highlands for a School Site.
(Buffalo Grove Upon voice vote, the motion passed unanimously.
Highlands - School
Site
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8/20/79
WAIVER OF FEE Moved by Stone, seconded by O'Reilly, to waive the fees
REQUEST (Bill 's reference an Amusement Permit for Bill 's Boys Football
Boys Football Association. Upon roll call , Trustees voted as follows:
Association) AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Mr. Balling stated this waiver request is somewhat within the
structure of the Amusement Ordinance which at present is being reviewed by the
Village Clerk, Deputy Clerk, Chief of Police, Director of Building and Zoning
and himself; the output to be an amendment to distinguish this sort of social
activity from carnivals. He feels this is a needed distinction and one which
requirements would be different from those of carnivals. There are other
requests pending for waiver of fees and he suggested that the Board authorize
the Village Manager to evaluate such proposals and direct a fee waiver for
the interim period between the consideration of the amendment and the amendment
itself. President Clayton stated she was pleased to hear of the proposal to
amend the Amusement Ordinance.
Moved by Gerschefske, seconded by Marienthal to direct the
Village Manager to use his discretion with regards to waiving of the fees of
the Amusement Ordinance until an amendment is passed and that he is to advise
the Board of any granted. Upon voice vote, the motion passed unanimously.
B-5 TOWN CENTER This item was removed from the Consent Agenda at Trustee
PLANNED DISTRICT O'Reilly 's request and was open for discussion at this time.
ORDINANCE
Trustee O' Reilly stated that her main concern is the process
explained on Page 17, under 7.5. 1 the Pre-Application Conference under Item B
which reads "Applicant will meet with the Business District Development Commission
to discuss a land use plan and obtain a positive recommendation to the Board of
Trustees." She questioned what if a positive recommendation is not received
and felt Board input should be earlier in the review process.
Various aspects of this section were discussed such as:
if a denial is received, could an appeal be made to the Village Board; a
possible joint preapplication session between the Commission and the Village
Board; limitatiuns as to not being a home rule community; time element as to
input of the Village Board; continuity aspect concerns of the BDDC; having a
recommendation made to the Village Board either positive or negative; and
filing of a report within thirty days to the Village Board for their consideration.
Moved by O'Reilly, seconded by Stone, to refer to the Plan
Commission with consideration of 7.5. 1E to be changed to include a recommendation
only to the Board. Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
Gerschefske
NAYES: 0 - None
Motion declared carried.
ADJOURNMENT Moved by Marienthal , seconded by Gerschefske, to adjourn the
meeting. Time: 9:35 P.M.
PASSED AND APPROVED BY ME THIS •
i-ih/tAy OF SEPT�tE g 1979 Cler ro em
Village President