1979-11-19 - Village Board Regular Meeting - Minutes 5564
11/19/79
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, NOVEMBER 19, 1979.
CALL TO ORDER President Clayton called the meeting to order at 7:40 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,
Gerschefske.
Also present were William Balling, Village Manager; William
Raysa, Village attorney; William Sommer, Assistant Village Manager; William
Brimm, Finance Director; Frank Hruby, Director of Building and Zoning; Gregory
Boysen , Director of Public Works; and Carmen Molinaro, Director of Golf Operations.
APPROVAL OF Moved by Marienthal , seconded by O'Reilly, to approve the
MINUTES minutes of the October 15, 1979 Regular Meeting. Upon roll
call , Trustees voted as follows:
AYES: 4 - Marienthal , O'Reilly, Hartstein , Gerschefske
NAPES: 0 - None
ABSTAIN: 2 - Stone, Kavitt
Motion declared carried.
Moved by Hartstein, seconded by Kavitt, to approve the
minutes of the November 5, 1979 Regular Meeting. Upon roll
call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAPES: 0 - None
ABSTAIN : 1 - Gerschefske
Motion declared carried.
WARRANT #415 Village Treasurer Paul Kochendorfer read Warrant #415. Moved
by Marienthal , seconded by Hartstein , to approve Warrant #415
in the amount of $212,130. 17 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.
PROCLAMATION - President Clayton read a Proclamation declaring the week of
CHICAGOLAND LAW November 25 through December 1 , 1979 as Law Enforcement Week,
ENFORCEMENT WEEK and calling upon all citizens of Buffalo Grove to join in its
observance.
CATS MEETING President Clayton stated that she and Greg Boysen had attended
the Lake County CATS meeting on November 14, 1979. A report
was presented for preliminary engineering on Route 83 between
Lake-Cook and Arlington Heights Roads. Mrs. Clayton stated
that a full report of the meeting will be made at the next
Board meeting.
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11/19/79
PROCLAMATION - President Clayton read a Proclamation urging all local
Voluntary Side- businesses and residents to remove excess snow accumulation
walk Snow from sidewalks adjacent to their property.
Removal
LAKE COUNTY President Clayton stated that she and Mr. Sommer had attended
MUNICIPAL LEAGUE a Lake County Municipal League Meeting where a report on Cable
TV was given . Mrs. Clayton stated that a report on Cable TV
in Buffalo Grove will be given at a workshop meeting in February.
HOFFMAN GROUP Mr. Balling stated that the charges against the Hoffman Group
for code violations are being dropped on the houses where they
are complying with Village standards.
PLAN COMMISSION Regarding the reappointment of Burton Harris to the Plan
RECOMMENDATION/ Commission, Trustee Kavitt stated that he did not feel
Burton Harris reappointment was in order, because he does not feel Mr. Harris
should have been removed from the Plan Commission. He feels
that Mr. Harris did comply with requirements , even though it
was two days late. Trustee Kavitt also feels that the Ethics
Ordinance is beyond the scope of Village authority.
Mr. Raysa stated that he issued a written opinion to the Board
that, in his opinion, the Village did not have the authority to enact an Ethics
Ordinance.
Trustee Marienthal stated that other ordinances have been
passed contrary to the advice of the Village Attorney.
Trustee Hartstein stated that Mr. Harris complied with the
spirit and the intent of the ordinance. He also feels that persons were
removed from their positions as commissioners for non-compliance of an ordinance
which should not have been passed in the first place.
Moved by Hartstein, seconded by Kavitt, to rescind the motion
of October 15, 1979, in which Mr. Harris was removed from office for failure to
comply with the Village Ethics Ordinance.
Trustee Gerschefske asked Mr. Raysa if the ordinance has been
established as being unconstitutional . Mr. Raysa replied that, by the courts,
it has not.
Discussion followed regarding the legality of the Ethics
Ordinance. Upon roll call , Trustees voted as follows:
AYES: 2 - Hartstein, Kavitt
NAYES: 4 - Marienthal , Stone, O'Reilly, Gerschefske
Motion defeated.
Moved by Hartstein, seconded by Kavitt, that Burton Harris
be reappointed to the Plan Commission. Upon roll call , Trustees voted as
follows:
AYES: 2 - Hartstein, Kavitt
NAYES: 4 - Marienthal , Stone, O 'Reilly, Gerschefske
Motion defeated.
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11/19/79
Trustee O'Reilly stated the reason she voted against Mr.
Harris ' reappointment. She said she feels Mr. Harris has done a good job for
the Village, but she feels that the residents of Buffalo Grove are under the
impression that a conflict of interest exists.
QUESTIONS FROM President Clayton asked if there were any questions from the
THE AUDIENCE audience. There were none.
SNOW SHOVELING Trustee O 'Reilly stated that she would like to see the Village
ORDINANCE have an ordinance requiring residents to shovel their sidewalks,
and would like this subject put on a future agenda.
Trustee O'Reilly stated that she has talked with all five
school districts about the possibility of having students volunteer to shovel
walks for anyone unable to do it themselves. She said they all responded
favorably, and felt the list of volunteers could be kept at the Village Hall .
Trustee Kavitt said that several residents have called him
regarding the fact that they are under the impression that the Village has
allocated $10,000 to be used for snow removal adjacent to schools.
Mr. Balling explained that the final decision on the amount
would be left to the Board when the bid recommendation is brought to them on
December 17, 1979.
Mr. Brimm stated that the Village has not received a strong
response from private contractors because of the size of the job.
Trustee O'Reilly will see that each member of the Board is
provided with copies of ordinances from other Villages.
CONSENT AGENDA President Clayton explained the Consent Agenda , and stated
that a member of the audience or a member of the Board could
request that any item on the Consent Agenda be removed for full
discussion.
ORDINANCE #79-52 Moved by Marienthal , seconded by Stone, to pass Ordinance
(Amendment to #79-52, an ordinance amending Ordinance #77-72 Park and School
Ordinance #77-72) Land Donations. Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Trustee Marienthal requested that the staff incorporate into
Ordinance #77-72 the computations for library donations , which would necessitate
redrafting the ordinance.
Moved by Marienthal , seconded by Stone, to direct the staff
to redraft Ordinance #77-72 to include library donations , including Indian Trails,
Vernon, and any other subsequent library district within the Village corporate
limits . 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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11/19/79
ORDINANCE #79-5; Moved by Marienthal , seconded by Hartstein , to pass Ordinance
HIGHLAND POINT #79-53, an ordinance providing for the recoupment of advances
UNIT 7 SANITARY for construction of a sanitary sewer between Newtown Drive and
SEWER RECAPTURE the future Fabish Drive.
ORDINANCE
Mr. Bob Fliss of Standard-Pacific presented "Exhibit A" and
explained the exhibit.
Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
ORDINANCE #79-50 Moved by Hartstein , seconded by O 'Reilly, to pass Ordinance
SUMP PUMPS #79-50, amending Title 15 of the Buffalo Grove Municipal Code
(Sump Pumps) .
A minor change in the definition of Ejector Pumps was suggested
when a comprehensive amendment to the sump pump regulations
was passed. This amendment clarifies the definitions.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
ORDINANCE #79-51 Moved by Hartstein , seconded by O'Reilly to pass Ordinance
(AMUSEMENTS) #79-51 , amending Title V of the Buffalo Grove Municipal Code
(Amusements) .
Various changes are suggested by Village Clerk and staff to
ease the administration of the code concerning amusement
activities. The red lined ordinance in Trustee packets
identified the change.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
FY 80 DEPARTMENT Moved by Kavitt, seconded by Gerschefske, to approve the FY 80
OF GOLF COURSE Department of Golf Operations Program Budget. This report is
OPERATIONS on file in the Clerk's office. Upon roll call , Trustees voted
PROGRAM BUDGET as follows:
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
RIDGEWOOD Moved by O' Reilly, seconded by Stone, to approve subdivision
improvements for all Ridgewood units and to release the bonds
on these units.
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11/19/79
After being assured by Mr. Boysen that all improvements are in
a proper condition for the release of all currently effective
subdivision improvement bonds, Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
FY 79-80 BID Moved by Hartstein, seconded by O 'Reilly, to award bids to
AWARD (Operating Lattof Motor Sales in the amount of $7,410.00 and Sorenson
Equipment) Chevrolet in the amount of $25,042.40.
Three trucks are requested for purchase consistent with the
FY 79-80 Program Budget. They are one half ton and two
one ton vehicles all equipped with 4-wheel drive.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES : 0 - None
Motion declared carried.
FY DEPARTMENT OF Moved by Hartstein , seconded by O 'Reilly, to review proposals
GOLF OPERATIONS and award a three year lease to Nadler/Harley Davidson in
GOLF CART LEASE accordance with staff recommendation.
AGREEMENT
Golf cart services are provided to the Buffalo Grove Golf
Course on a lease basis. Nadler/Harley Davidson provides the
best combination of quality vehicles and lease terms.
Upon roll call , Trustees voted as follows:
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
ZONING ORDINANCE Moved by Marienthal , seconded by O'Reilly, to refer to the
Plan Commission an amendment to the zoning ordinance to
provide for I (Industrial) and 0/R (Office/Research) zoning
district classifications. Upon roll call , Trustees voted
as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
APPEAL OF Trustee Hartstein stated that this deals with an appeal of
ORDINANCE #75-26 Ordinance #75-26, which prohibits operation between the hours
of Midnight and 7:00 A.M. of a retail structure where the
building line or portions thereof, or the customer parking
area or driveway and/or portion thereof is located within
80' of a building line of a residential structure. The
petitioner in this instance is Mr. Spinelle, owner of the
White Hen Pantry, 1153 North Arlington Heights Road.
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11/19/79
Mr. Hal Emalfarb, attorney for Mr. Spinelle, stated that his
client is under pressure from Jewel Food Stores, the franchisor of White Hen
stores, to maintain hours from 6:00 A.M. to 12:00 Midnight.
Mr. James Lawson , owner of the White Hen Pantry on Dundee
Road, and Mr. and Mrs. William Petersdorff, owners of the Jelly Bowl Bakery,
are also affected by this ordinance.
Mr. Emalfarb stated that he would like to make a formal
presentation stating the hardship that this ordinance is causing his client.
He suggested that a workshop be scheduled so that the owners of said businesses
and the homeowners could discuss this and try and come to an agreement.
Mr. Emalfarb said that his client was not aware of the
7:00 - 12:00 business hours . Trustee Marienthal stated that the developer of
the Strathmore Shopping Center was fully aware that the business hours of
operation were 7:00 - 12:00 Midnight.
President Clayton suggested that, since the hour was early,
and since there were several residents in attendance, the Board finish the
remaining item of business on the agenda, and after a short recess , the workshop
session that Mr. Emalfarb suggested take place tonight.
ACONTEC, INC. Trustee O'Reilly stated that this is a request from Acontec,
Inc. , to amend the permitted uses of the banking facility in
the Bank/Office Center located at Lake-Cook and Arlington
Heights Roads. Pursuant to Section 4. 1-6, Article XI of the Buffalo Grove
Zoning Ordinance, Mr. Hruby has reviewed this request and has rejected it as a
minor change.
Moved by O'Reilly, seconded by Marienthal , to refer this
request to the Plan Commission for their consideration.
Mr. Burton Harris asked why this has to be referred to
the Plan Commission , since it is not a structural change. Discussion followed
on whether or not the requested change is, in fact , minor.
Mr. Balling pointed out that B-3 site plan zoning is
extremely restrictive.
Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt ,
Gerschefske
NAPES: 0 - None
Motion declared carried.
The Plan Commission will be notified to place this item on
their agenda.
RECESS President Clayton declared a recess from 8:45 P.M. to 9:00 P.M.
5570
11/19/79
APPEAL OF Mr. Emalfarb reviewed the facts leading up to the present
ORDINANCE #75-26 situation.
Mr. Spinelli and Mr. Lawson stated that they had petitions
containing over 2 ,000 signatures, proving that there is an interest in their
type of business being available in the early hours of the morning. The two
owners stated that their largest dollar volume is between 6:00-7:00 A.M. , and
then again around noon.
Mr. Johnson , representing the homeowners surrounding the
White Hen Pantry on Arlington Heights Road, stated that they bought their homes
being assured that the ordinance stated that none of the stores in the subject
center could open before 7:00 A.M.
Mr. Fleming Scott stated that he sympathizes with the concerns
of the residents , but stated that he personally has a use for a convenience
store in the early morning and late evening hours. He said he personally has
not witnessed a problem with the store in the early morning hours.
Trustee Hartstein stated that there is already a considerable
amount of noise and traffic on Arlington Heights Road, and he does not think
that 6:00 A.M. is an unreasonable hour to open a convenience store.
Trustee Stone stated that he feels the owners of the stores
should have looked into the ordinances before buying the businesses .
Nearby residents stated that there is a considerable amount
of noise generated by car doors slamming, etc.
Discussion followed on whether or not the parking could be
restricted; and whether or not there should be another trial period.
Chief Walsh stated that perhaps a portion of the lot could
be physically blocked off.
President Clayton polled the Board: "Yes" indicates favor of
changing the ordinance to provide for a 6:00 A.M. opening provided that there
is no parking within 80' of a residential building line; "No" indicates opposition.
YES - O'Reilly, Hartstein, Kavitt, Gerschefske
NO - Marienthal , Stone
President Clayton stated that the ordinance should be drafted;
she also stated that in the ordinance draft, it should indicate that the barricade
in the parking spaces is to be approved by the Village.
Moved by Hartstein, seconded by Kavitt , that a moratorium on
enforcement of Ordinance #75-26 be declared, provided that the businesses
involved comply with the parking restriction within 80' of a residential building
line.
Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein , Kavitt, �I
Gerschefske
NAPES: 0 - None
Motion declared carried.
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11/19/79
FY 79-80 Moved by Hartstein , seconded by O 'Reilly, to authorize to
EXPERIMENTAL bid FY 79-80 experimental sidewalk snow removal program.
SIDEWALK SNOW
REMOVAL PROGRAM The FY 79-80 budget provides for an experimental sidewalk
snow removal program to be conducted by a private contractor.
The bidding requested will identify that contractor.
Upon roll call , Trustees voted as follows:
, AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
v Gerschefske
NAPES: 0 - None
Motion declared carried.
ADJOURNMENT Moved by O 'Reilly, seconded by Hartstein , to adjourn the
meeting. Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned at 10:25 P.M.
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS _ ..)_- DAY
OFv , 1979.
Village President
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