2000-06-03 - Village Board Regular Meeting - Minutes 10964
6/5/2000
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,
BUFFALO GROVEINOIS ON MONDAY,JUNE 5,2000
CALL TO ORDER
President Hartstein called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the Flag.
TRIBUTE TO TRUSTEE REID
President Hartstein stated that last week was a very sad week for the Village of Buffalo Grove because of the death
of Trustee Bill Reid. Trustee Reid served on the Village Board since 1983 and served the community in so many
ways and made so many contributions to Buffalo Grove,and President Hartstein asked everyone to rise and observe
a moment of silence in memory of Trustee Reid.
ROLL CALL
Roll call indicated the following present:President Hartstein;Trustees Marienthal,Braiman,Hendricks,Glover and
Berman.
Also present were:William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant
Village Manager/Finance Director;Ghida Sahyouni,Assistant Village Manager; Scott Anderson,Assistant Finance
Director;Phil Versten,Administrative Assistant;Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;
Fire Chief Allenspach;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Braiman,to approve the minutes of the May 15,2000 Regular Meeting. Upon roll
call Trustees voted as follows:
AYES: 5—Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
WARRANT#911
Mr.Tenerelli read Warrant#911. Moved by Braiman, seconded by Glover,to approve Warrant#911 in the amount
of$2,170,769.39,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
PROCLAMATION—PARKS AND RECREATION MONTH
President Hartstein noted a Proclamation declaring June,2000 as Parks and Recreation Month in Buffalo Grove.
�••P COMMUNITY BLOOD DRIVE
President Hartstein noted the blood drive to be held later this month,and encouraged all residents who are able to
take part in this worthy event.
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PUBLIC WORKS—STORM CLEAN-UP
President Hartstein thanked Village staff, and particularly the Public Works Department, for the outstanding job that
was done in clearing debris following the storm on May 18,2000;he noted that countless communications have been
received from residents commending staff for the excellent job that they did.
ROUTE 53
Trustee Berman reported on the hearings held in Lake County that he and President Hartstein and Trustee Braiman
attended regarding the Lake County Transportation Improvement Project;they presented numerous letters in support
of the Route 53 extension.
NORTH CENTRAL RAIL SERVICE
President Hartstein read a letter from Congressman Porter regarding the efforts being made for double tracking of the
North Central Rail line.
PUBLIC SERVICE CENTER HVAC
Mr.Balling presented a status report on the HVAC rehabilitation at the Public Service Center,details of which are
contained in his memo to the Board of May 31,2000.
Moved by Glover,seconded by Berman,to authorize a revised contract for an additional$42,000.00 for the rehab of
the Public Service Center air conditioning unit. Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2000-26-SIGNS
Mr.Balling reviewed the reasons for the proposed ordinance;he then answered questions from the Board.
Moved by Glover,seconded by Braiman,to pass Ordinance#2000-26,an ordinance providing for signs for Village
Green performances.
AYES: 5 -Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
CITIZEN'S FIRE ACADEMY
Chief Allenspach explained the Citizen's Fire Academy;he then introduced the graduates of this spring's class,who
were congratulated by the audience and the Board.
On behalf of the Spring Citizen's Fire Academy class,Ms. Sahyouni thanked the Fire Department for their efforts in
providing this training,and presented a gift from the class to the Department.
SERVICE AWARD
President Hartstein asked Sgt.Mike Millet to come forward as he read a brief biography of Sgt.Millet's 20 years of
service to the Village. Sgt.Millet was congratulated by the audience and the Board,and was presented with a gift
from the Village.
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PUBLIC HEARING—BELMONT VILLAGE
President Hartstein called the Public Hearing to order at 8:01 P.M.;he read from the Notice of Public Hearing
published in the Daily Herald on May 24,2000,and swore in those persons present to give testimony.
Hal Francke,attorney for the petitioner,made a presentation to the Board,reviewing the request of the petitioner.
Mr.Francke stated that changes have been made to the Site Plan;they have made substantial changes to the
architecture;they added additional pedestrian ways, substantial additional landscaping, and they presented a
restaurant,Culver's,for the outlot.Tonight's Public Hearing addresses the right-of-way width and the location of
parkway trees.
Mr.Pfeil reviewed the requested variations for the property.
In response to a request from Mr.Balling,Mr. Francke summarized the position of the petitioner,requesting
preferences and direction from the Village Board. Mr.Francke stated that they understand that they would not be
allowed to proceed with their development until the contract purchaser for the restaurant actually closed on the
acquisition of the property and secured its site plan approval from the Village.
Trustee Glover stated that the phasing does not meet her intent when this was sent to the Plan Commission; she asked
Mr.Raysa what the downside for the Village would be if the Culver's restaurant were to vacate. Mr. Raysa replied
that there could be a stipulation that any use on that site would have to be approved by the Village Board. Trustee
Glover again stated that she has a serious problem with the phasing.
Trustee Braiman stated that the important thing is that we have a use, and that language can be inserted to be sure
that the Village Board would have control over any use that is proposed.
Trustee Hendricks stated that he agrees with Trustee Glover;he would defmitely want the restaurant built before
Belmont receives a building permit.
Trustee Berman stated that he believes that the commercial development needs to be tied in substantially with
proceeding with the other phase of the project;he does not believe that this is any different than approval of a site
plan with several different buildings;he believes there are methods to control future development of the site in the
event that the current plan fails.
Trustee Marienthal asked if the Village has financial information and a plan for the site of the restaurant;he would
want to see that before proceeding.
Mike Wercheck,representing Culver's,presented a background on the Culver's restaurants,as well as information
on the Culver's that he plans to open in Vernon Hills in late October,and his proposal for this site. Mr. Wercheck
also answered questions from the Board;he stated that he and his wife are committed to this site;he will provide
financial information as well as statistical information on Culver's franchises.
Trustee Berman stated that particular attention should be paid to parking and stacking for the drive-through.
Trustee Glover stated that she would like to see a letter from Culver's stating that this is an acceptable site for them;
she asked if Belmont would have a problem with their occupancy permit being tied to the opening of the Culver's.
Mr.Francke stated that they have heard the Board say that they cannot proceed unless they come back with a
restaurant for this site;they are prepared to tie their fate to the fate of Culver's proceeding;they suggested that
Belmont wait for Culver's to close and get approvals from the Village,but they cannot take the risk of waiting for
Culver's to be built and open before getting an occupancy permit.
Trustee Glover is concerned that we will end up with Belmont and not the other part of the puzzle;that is why she
did not want to do phasing;somewhere there needs to be a safeguard for the Village tied in to the project.
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Trustee Berman stated that he has been to a Culver's and believes that it is a very good restaurant;he believes that
the attorneys should be allowed to draft an ordinance to give the Village the level of comfort it is seeking.
Trustee Braiman stated that, if this property had not had a proposal for a hotel/banquet facility,it would still be
zoned as office;it is consistent with the property around it,and consistent with what has always been planned for the
site.
President Hartstein polled the Board: "YES"indicates favor of referring this back to staff for the purpose of
attempting to assemble an ordinance with conditions that reflect the concerns of the Village Board relating to this
process;"NO"indicates opposition:
YES: Marienthal,Braiman,Hendricks,Glover,Berman
NO: None
President Hartstein asked if any audience members would like to comment on the issues specifically limited to this
Public Hearing,i.e.right-of-way width and/or parkway trees;there were no such requests.
President Hartstein asked if there were any other public agencies wishing to comment. Greg Lundgren,representing
the Chamber of Commerce,stated that the Chamber encourages the Board to support the list of variations,and the
Chamber is looking forward to welcoming both businesses simultaneously into the business community.
President Hartstein closed the Public Hearing at 8:52 P.M.
QUESTIONS FROM THE AUDIENCE
President Hartstein asked if there were any questions from the audience;there were no such requests.
CONSENT AGENDA
President Hartstein explained the Consent Agenda,stating that any member of the audience or the Board could
request that an item be removed for full discussion;President Hartstein then read a brief synopsis of each of the
items on the Consent Agenda. It was requested that Items XI.A. and XI.B.be removed from the Consent Agenda,
consequently there was no motion to approve the Consent Agenda.
WALGREEN'S
Moved by Braiman,seconded by Glover,to defer approval of Certificate of Initial Acceptance Approval for
Walgreen's(Lake Cook&Buffalo Grove Roads)until the next meeting. Upon voice vote,the motion was
unanimously declared carried.
ORDINANCE#2000-27—LITTLE HAVANA,INC.
Moved by Glover,seconded by Berman,to pass Ordinance#2000-27,an ordinance amending Chapter 5.20,
reserving a Class B liquor license for Little Havana,Inc. Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
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GARBAGE AND WASTE
Mr. Brimm reviewed the proposed ordinance,details of which are contained in his memo to Mr.Balling of
May 23,2000.
Rob Sherman,resident,thanked the Board for looking into this matter so quickly;he strongly opposes the
amendment as presented because he believes it is unsafe for people not living in the neighborhood to use this as a
ruse to hurt children,;he is concerned about someone getting hurt while climbing through a dumpster looking for
items, and he believes this gives stranger a license to go through trash and possibly take items that could lead to
"stolen identity".Mr. Sherman asked that the Board table the proposed ordinance because these concerns are not
addressed;he suggested at least limiting the hours when these people could be in the neighborhoods;he suggested
requiring registration with the Village. He would like to see the amendment modified so that climbing into
dumpsters is prohibited;he would like to see something to ensure that the vehicle is operated safely;he would like to
prohibit papers and documents from being taken;he would like to see a safer method for recycling used
merchandise.
After Board discussion,it was moved by Braiman and seconded by Marienthal to defer this issue until the Board has
further time to more closely review the proposal. Upon roll call,Trustees voted as follows:
AYES: 3—Marienthal,Braiman,Glover
NAYS: 2—Hendricks,Berman
Motion declared carried.
ORDINANCE#2000-28—LICENSING OF PARAMEDICS
Mr.Balling reviewed the proposed ordinance.
Moved by Braiman, seconded by Glover,to pass Ordinance#2000-28,an ordinance amending Chapter 2.50 to
accommodate changes in the Illinois Department of Public Health(IDPH)rules concerning licensing of Paramedics.
Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
RESOLUTION#2000-37—BIKE PATH
Moved by Hendricks,seconded by Berman,to pass Resolution#2000-37,a resolution approving the Wisconsin
Central Ltd.Recreational Trail and Crossing Agreement,and also approving the Wheeling/Buffalo Grove Bike Path
Wisconsin Central Ltd.Agreement.
Trustee Braiman is concerned about the required$100.00 per year for use of the easement,because there is no
guarantee that this fee cannot be raised at any time.
Mr.Raysa reported on his dealings with Wisconsin Central,and noted that he has found in the past that the railroad
is not willing to make any changes at all in their agreements.
Mr.Balling stated that this issue is time sensitive,and he would ask that the Board approve the agreement,subject to
the Village Engineer and the Village Attorney making an attempt to make a one-time payment or putting a cap of
some sort on possible fee increases.
Trustee Braiman stated that he would accept Mr.Balling's proposal,but if the agreement is not modified,he will
look very closely at funding improvements that may put the Village in financial jeopardy.
Trustee Hendricks and Trustee Berman agreed to the above amendment to the motion.
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Upon roll call,Trustees voted as follows on the amended motion:
AYES: 5—Marienthal,Braiman,Hendricks, Glover,Berman
NAYS: 0—None
Motion declared carried.
MATRIX DEVELOPMENT-1891 PRAIRIE ROAD
Moved by Berman,seconded by Braiman,to approve rezoning to the R-3 District and approving a Preliminary Plan,
Matrix Development, 1801 Prairie Road.
Mr. Balling presented an update on this issue, and Mr.Kuenkler reviewed the variation requested.
Carey Chickerneo,representing Matrix Development,reviewed the position of the developer.
Trustee Glover stated that this land will only become more valuable over time, so if things do not work out with this
developer, she does not see a down side for the Village just to hold on to the parcel until such time as another buyer
comes in the future.
In answer to a question from Trustee Berman,Mr. Balling clarified the need for a street light and valve at this time,
and also reviewed the drainage improvements. Trustee Berman stated that he would be agreeable to adding the cost
of the valve into the recapture agreement.
Trustee Braiman agreed with both Trustee Glover and Trustee Berman;he also noted that this developer is not being
asked to do anything that any other developer,including the Park District,has been required to do;he agreed with
Trustee Berman with regard to including the cost of the valve in the recapture agreement if possible;he would
possibly agree to extend the recapture agreement for another five years;he also has no concern about putting this
back on the market if necessary.
Trustee Glover stated that she would like staff to look into the options available on recapture.
Mr. Chickerneo stated that they would be interested in proceeding if they could seek some modification to the
recapture agreement;they would like to defer this until the next meeting in order to have an opportunity to discuss
this with staff.
Moved by Berman,seconded by Braiman,to defer this issue until the next meeting. Upon roll call,Trustees voted as
follows:
AYES: 5—Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
COMMUNITY ENTRANCE SIGNS
Ms. Sahyouni reviewed the staff proposal for the community entrance signs,both design and location.
After Board discussion,the consensus of opinion,with the exception of Trustee Braiman,was that the Board
preferred the brick design with no logo. With regard to location, it was suggested that there be a sign placed on
Deerfield Parkway near Milwaukee Avenue. There was also discussion regarding the pros and cons of having
organizational signs.
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EASTMENT AGREEMENT—BIKE PATH
Moved by Berman,seconded by Glover,to approve the Easement Agreement for the Wheeling/Buffalo Grove Bike
Path,Parcel 0001-PE. Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
SEWER REPAIR PROJECT
Moved by Marienthal,seconded by Glover,to authorize bid of the 2000 Contractual Sewer Repair Project. Upon
roll call,Trustees voted as follows:
AYES: 5 -Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
MOSQUITO MANAGEMENT CONTRACT
Moved by Marienthal, seconded by Glover,to authorize extension of the service agreement for the Clark
Environmental Mosquito Management Contract for the Lake County portion of Buffalo Grove in the amount of
$34,650.00. Upon roll call,Trustees voted as follows:
AYES: 5 -Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
FEE WAIVER—BUFFALO GROVE HIGH SCHOOL
Moved by Berman,seconded by Hendricks,to approve request for waiver of water tap on fees for Buffalo Grove
High School. Upon roll call,Trustees voted as follows:
AYES: 5 -Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
ROUTE 83 OVERPASS
A resident living near the Route 83 overpass commented that he believes it is a waste of money and an intrusion on
the surrounding homes.
1801 W.PRAIRIE ROAD -WATERMAIN RECOUPMENT
Moved by Braiman,seconded by Glover,to defer action on an ordinance providing for the recoupment of advances
for construction of a watermain along Prairie Road(1801 W.Prairie Road). Upon roll call,Trustees voted as
follows:
AYES: 5—Marienthal,Braiman,Hendricks,Glover,Berman
NAYS: 0—None
Motion declared carried.
EXECUTIVE MEETING
Moved by Berman, seconded by Glover,to move to Executive Meeting to discuss Personnel. Upon roll call,
Trustees voted as follows:
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AYES: 5—Marienthal,Braiman,Hendricks, Glover,Berman
NAYS: 0—None
Motion declared carried.
The Board moved to Executive Meeting from 10:05 P.M.until 11:10 P.M.
i ADJOURNMENT
Moved by Marienthal, seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjoumed at 11:10 P.M.
J iet M. Sirabian,Village Clerk
APPROVED BY ME THIS J DAY OF `'(/1 ,2000.
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Village President
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