1998-04-20 - Village Board Regular Meeting - Minutes r
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MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF
THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,
50 RAUPP BOULEVARD.BUFFALO GROVE.ILLINOIS ON MONDAY.APRIL 20. 1998
CALL TO ORDER
President Mathias called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present:President Mathias;Trustees Reid,Rubin,Braiman,Hendricks and Glover.
Trustee Marienthal was absent.
Also present were:William Balling,Village Manager;William Raysa,Village Attorney;Lee Szymborski,Assistant
Village Manager;Phil Versten,Administrative Assistant;Robert Giddens,Director of Information Systems;Gregory
Boysen,Director of Building&Zoning;Ed Schar,Director of Building&Zoning;Robert Pfeil,Village Planner;
Richard Kuenkler,Village Engineer;Police Chief McCann;Carmen Molinaro,Director of Golf Operations;and
Joseph Tenerelli,Village Treasurer.
WARRANT#860
Mr. Tenerelli read Warrant#860. Moved by Rubin,seconded by Hendricks,to approve Warrant#860 in the amount
of$2,206,431.71,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
RESOLUTION#98-17-RICHARD KUENKLER
Mr. Kuenkler came forward as President Mathias read the proposed resolution commending Richard Kuenkler,
Village Engineer,for 20 years of service to the Village. President Mathias then presented Mr.Kuenkler with a gift
of appreciation,as he was congratulated by the audience and the Board.
Moved by Braiman,seconded by Reid,to pass Resolution#98-17,commending Richard Kuenkler,Village Engineer,
for 20 years of service to the Village. Upon roll call,Trustees voted as follows:
AYES: 5 -Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
PROCLAMATION-ROBERT BASOFIN DAY
President Mathias read a Proclamation declaring May 31, 1998 as Robert Basofin Day in Buffalo Grove,and
inviting the entire community to share in extending our appreciation for his years of committed public service,and
best wishes for continued success and happiness in the years ahead. Mr.Basofrn came forward and was
congratulated by the audience and the Board.
PROCLAMATION-SENIOR CELEBRATION DAY
President Mathias read a Proclamation declaring May 13, 1998 as Senior Celebration Day in recognition of the
Tenth Annual Senior Citizen Celebration Day and called upon the residents of High School District 214 and the
Village of Buffalo Grove to recognize and celebrate the bonds they have discovered,the partnerships they have
formed and the sense of community they have strengthened through community education programs.
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PROCLAMATION-WEEK OF THE YOUNG CHILD
President Mathias read a Proclamation declaring the week of April 19-26, 1998 as The Week of the Young Child in
honor of The Horizons Children's Center,"A place to celebrate diversity".
EARTH DAY-KILMER SCHOOL
President Mathias reported on the Earth Day Flag presented to Kilmer School as the winner of the Reuse,Recycle,
l and Reduce campaign in the northwest suburbs at an assembly attended by Mr.Balling and himself this morning.
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NORTH CENTRAL LINE
President Mathias reported that he was present to receive an award presented by the Civic Federation at the annual
conference of Urban Innovation in Illinois in honor of putting the Wisconsin Central North Central service line in
effect.
MANAGEMENT ORGANIZATION&VOLUNTEER ORGANIZATIONAL STUDY
Mr.Balling reviewed the proposed request for proposals for a two-part organizational study,details of which are
contained in Mr. Szymborski's memo to him of April 14, 1998.
Moved by Hendricks,seconded by Glover,to approve a Request for Proposals for a Management Organization and
Village Volunteer Organizational Study. Upon roll call,Trustees voted as follows:
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSTAIN: 1 -Marienthal
Motion declared carried.
MANAGEMENT REPORT
Mr.Balling noted the submittal of the Management Report for March, 1998. Trustee Braiman asked for periodic
updates on the construction status of Deerfield Road,and also the activities of the Economic Development
Commission. Mr.Balling responded to Trustee Braiman.
ORDINANCE#98-25-LIQUOR CONTROLS
Mr.Balling reviewed the proposed ordinance amending Chapter 5.20 of the Buffalo Grove Municipal Code,Liquor
Control.
Moved by Reid,seconded by Hendricks,to amend Section 5.20.072 of the Buffalo Grove Municipal Code,adding a
Class E license for Silver Spoon,adding a Class D License for Silver Spoon and dropping a Class D License for
Michael's Red Hots.
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
ARLINGTON CLUB DRAINAGE
Because of the number of people in the audience for this issue,Mr.Balling asked that it be moved from the end of
the agenda until the present time.
Trustee Rubin recused himself from participation on this topic because of the fact that his law firm represented the
Arlington Club.
Mr.Balling briefly summarized the history of this project.
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Matt Moodhe,representing the Arlington Club Condominium Association,presented the request of the Association
for the Village of Buffalo Grove to participate in the Association's erosion problems and contribute 1/3 of the cost of
the project.
Moved by Reid,seconded by Glover,to authorize the Village Attorney and Village Engineer and staff to work with
Mr.Moodhe and representatives from the Arlington Club to develop an ordinance that we would be able to consider
wherin we would pay 1/3 of the cost of the proposed modifications not to exceed$8,300 under any circumstances,
and that a complete hold harmless clause be worked out for the Village of Buffalo Grove.
Discussion by the Board ensued with concern stated regarding setting a precedent,that fact that we have denied
similar requests from developments in Buffalo Grove,and the fact that the Village should not have to help correct a
situation to which it objected originally.
Moved by Braiman,seconded by Reid,to defer action until the information requested by the Board is available and
until a staff recommendation is forthcoming. Upon roll call,Trustees voted as follows:
AYES: 4-Reid,Braiman,Hendricks,Glover
NAYS: 0-None
RECUSED: 1 -Rubin
ABSENT: 1 -Marienthal
Motion declared carried.
PUBLIC HEARING-B-5 DISTRICT
President Mathias re-opened the Public Hearing at 8:23 P.M.;this Public Hearing was continued from
February 17, 1998.
Mr.Balling reviewed the background on this item,and suggested that this Public Hearing be continued until
June 15, 1998.
Marc Schwartz,representing the developer,stated that June 15, 1998 would be an acceptable date.
Trustee Braiman stated that he believes this is a good idea regardless of what happens with Eagle,and suggested that
the text amendment be approved;Trustee Rubin concurred,while Trustee Reid stated that he would rather see it
postponed.
President Mathias polled the Board as to whether they would prefer to act on this tonight,or postpone it until
June 15, 1998:
TONIGHT: Rubin,Braiman
6/15/98: Reid,Hendricks,Glover
ABSENT: Marienthal
At 8:31 P.M.,President Mathias continued the Public Hearing until the June 15, 1998 Regular Board Meeting.
PUBLIC HEARING-FY 1998-99 APPROPRIATION ORDINANCE
President Mathias opened the Public Hearing at 8:31 P.M.,and read from the Notice of Public Hearing published in
the Daily Herald on April 10, 1998.
Mr.Balling made a presentation regarding the FY 1998-99 Appropriation Ordinance,details of which are contained
in Mr.Brimm's memo to him of March 17, 1998.
President Mathias asked if there were any members of the Board or the audience who wished to comment;there were
none.
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The Appropriation Ordinance will be brought before the Board for consideration at the May 4, 1998 Regular
Meeting.
At 8:35 P.M.,President Mathias closed the Public Hearing.
QUESTIONS FROM THE AUDIENCE
Julian Franklin,495 Bernard Drive,asked when construction would begin on the Amoco station at Route 83 and
Lake Cook Road;Mr.Kuenkler responded to Mr.Franklin.
CONSENT AGENDA
President Mathias explained the Consent Agenda,stating that any member of the audience or the Board could
request that an item be removed for full discussion;it was requested that Items XI.,A.and J. be removed from the
Consent Agenda.. President Mathias then read a brief synopsis of each item on the Consent Agenda. Moved by
Rubin and seconded by Glover to approve the Consent Agenda.
RESOLUTION#98-18
Motion to provide for a Corporate Depository Resolution,authorizing a banking relationship between the Village
and American Enterprise Bank.
RESOLUTION#98-19
Motion to authorize changes to the Buffalo Grove Personnel Rules.
ELECTRONIC MESSAGE CENTER-Award of Bid
Motion to Award of Bid-Municipal Campus Electronic Message Center.
BUFFALO GROVE PARK DISTRICT-Waiver of Permit Fees
Motion to Approve a Waiver of Permit Fees-Buffalo Grove Park District,Moser Building expansion project.
BUSCH GROVE COMMUNITY PARK-Waiver of Permit Fees
Motion to Approve of a Waiver of Permit Fees-Parking lights at the northeast parking lot of Busch Grove
Community Park.
COUNCIL CHAMBERS AUDIO-VISUAL EQUIPMENT-Authorization to Bid
Motion to Authorize to bid-Council Chambers Audio-Visual Equipment.
DUNKIN DONUTS-Aesthetics
Motion to approve an Appearance Commission Recommendation:Dunkin Donuts, 1691-97 Weiland Rd.-Wall
signs and sign panel on ground signs.
PANERA BREAD-Aesthetics
Motion to approve an Appearance Commission Recommendation:Panera Bread, 1227-28 W.Dundee Rd.-
Illuminated window sign.
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Upon roll call,Trustees voted as follows:
AYES: Reid,Rubin,Braiman,Hendricks,Glover
NAYS: Glover
ABSENT: Marienthal
ORDINANCE#98-26-POLICE&FIRE CANDIDATES
Mr. Szymborski reviewed the proposed ordinance,details of which are contained in his memo to Mr.Balling of
April 10, 1998;he then answered questions from the Board.
Moved by Rubin,seconded by Reid,to pass Ordinance#98-26,amending Chapter 2.28 of the Municipal Code as it
concerns hiring age for Police and Fire candidates. Upon roll call,Trustees voted as follows:
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
ORDINANCE#98-27-TOBACCO
Mr.Balling reviewed the changes which have been made to the proposed ordinance since it was last before the
Board,details of which are contained in Chief McCann's memo to him of April 8, 1998.
Moved by Braiman,seconded by Rubin,to pass Ordinance#98-27,amending Chapter 5.32(Tobacco)and Chapter
10.18(Enforcement and Penalty)of the Municipal Code as it applies to minors and smoking. Upon roll call,
Trustees voted as follows:
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
ORDINANCE#98-28-GARAGE SALES
Mr.Balling reviewed the changes which have been made to the proposed ordinance since it was last before the
Board,details of which are contained in Mr.Schar's memo to him of April 16, 1998.
Moved by Rubin,seconded by Hendricks,to pass Ordinance#98-28 creating Chapter 5.64 of the Municipal Code as
it concerns the regulation of Garage Sales,using Alternate One in Mr. Schar's April 16, 1998 memo to Mr.Balling.
Upon roll call,Trustees voted as follows:
AYES: 4-Reid,Rubin,Hendricks,Glover
NAYS: 1 -Braiman
ABSENT: 1 -Marienthal
Motion declared carried.
ANIMAL CONTROL ORDINANCE
Mr.Balling reviewed the proposal using border collies to chase geese from the Village golf courses on a trial basis,
details of which are contained in Mr.Molinaro's memo to the Board of April 15, 1998.
Trustees expressed concern with this solution,mainly because they did not believe that an exception should be made
to the law requiring all dogs to be leashed when so much time was spent drafting it,and also the fact that chasing the
geese from the golf course could send them into residential neighborhoods or parks,thereby merely moving the
problem from one spot to another.
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Moved by Reid,seconded by Hendricks,to pass Ordinance#98-29,amending the Animal Control Ordinance of the
Municipal Code allowing for the usage of dogs on the Golf Courses,with the provision that monthly progress reports
be submitted to the Board. Upon roll call,Trustees voted as follows:
AYES: 2-Reid,Hendricks
NAYS: 3 -Rubin,Braiman,Glover
ABSENT: 1 -Marienthal
Motion defeated.
ORDINANCE#98-29-WENDY'S/WOODLAND COMMONS
Greg Marsh,Director of Real Estate for Wendy's International,reviewed the request of the developer,details of
which are contained in Mr.Pfeil's memo to Mr.Balling of April 16, 1998.
Moved by Reid,seconded by Rubin,to pass Ordinance#98-29,approving a Preliminary Plan for a Wendy's
Restaurant at the Woodland Commons Shopping Center,IL Route 22. Upon roll call,Trustees voted as follows:
AYES: 5 -Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
RESOLUTION#98-20-1999 CONTRACTUAL STREET MAINTENANCE DESIGN ENGINEERING
Mr.Balling reviewed the two proposed resolutions,details of which are contained in Mr.Kuenkler's memo to him of
April 14, 1998;he explained the reason for the request for bid waiver. Trustee Reid stated that next year,he would
like to see a review of some alternative professional engineers with whom the Village might work.
Moved by Rubin,seconded by Braiman,to pass Resolution#98-20,approving an Agreement for Design Engineering
Services for the 1999 Villagewide Contractual Street Maintenance Project and Waiving Bids and accepting Baxter
Woodman's proposal for same project. Upon roll call,Trustees voted as follows:
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
RESOLUTION#98-21 -1999 STREET MAINTENANCE PROGRAM
Moved by Rubin,seconded by Reid,to pass Resolution#98-21 for Improvement by Municipality under the IL
Highway Code-Motor Fuel Tax Fund Appropriation for the 1999 Street Maintenance Program. Upon roll call,
Trustees voted as follows:
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
1998 VILLAGEWIDE SIDEWALK PROJECT
Mr.Balling reviewed this project,details of which are contained in Mr.Kuenkler's memo to him of April 15, 1998.
After Mr.Kuenkler answered Board questions,it was moved by Rubin,seconded by Reid,to approve award of bid
for the 1998 Villagewide Sidewalk Project. Upon roll call,Trustees voted as follows:
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AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
CONGREGATION BETH AM
Marc Schwartz,representing the petitioner,made a presentation to the Board,details of which are contained in Mr.
Pfeil's memo to Mr.Balling of April 16, 1998;he reviewed the reason the congregation is before the Board.
Trustee Rubin states that this site has not worked well as a commercial site;the Chamber of Commerce has decided
not to take a position against the non-commercial use;the additional traffic which will be brought to the area will
help the existing commercial sites;a healthy community includes religious institutions to serve residents;the
Comprehensive Plan reflects Lot 3 as office use,and he would like to see documentation that it will remain open
space;there are two existing outside storage warehouses,and he would like the Plan Commission to explore the
possibility of landscaping;the Wendy's drive-through has an impact on shared parking,and he would want the Plan
Commission to address the parking issue and how it might be realigned;overflow parking for special events could
affect other businesses;he believes Wendy's should be involved in the process involving parking options;his major
concerns are parking and traffic flow on the property.
Moved by Rubin,seconded,by Braiman,to refer Congregation Beth Am's petition for a Special Use in the B-3
District and amendment of the Planned Unit Development at 225 N.McHenry Road(Crate and Barrel Store).
Trustee Braiman stated that he is a member of Congregation Beth Am,although not on the Board of Directors;he
has been assured by Mr.Raysa that this is not a conflict of interest. Trustee Braiman stated that he has numerous
concerns about traffic;he believes the sales tax loss will be minimal,and he believes it will be a major benefit to the
community.
Trustee Reid stated that he has reservations about taking 3%of the commercial property in the Village out of
circulation,which would have a large impact on the school districts;he would like to have Beth Am as part of the
community,but he does not think this is the site for it.
Trustee Glover stated that we have a small amount of commercial property in the Village,she believes the Board has
to be prudent as to how it is handled,which is why the request for a special use disturbs her;with regard to the failed
business on the site,she questions whether that was due to the site or the nature of the business;she believes the right
business on the property could turn the site around;she believes Beth Am would be a major asset to the Village,but
she does not believe this is the site for it.
There was discussion as to whether this should be referred to the Plan Commission so that they could do their work
on the proposal,or whether referring it to the Plan Commission would indicate Board approval of the proposal;if
there is no way that the proposal can gain Board approval,the Plan Commission should not have to spend their time
on it.
The Rabbi of the Congregation spoke to the Board and asked that they keep in mind that religious institutions are a
vital part of the community,that more than one half of the congregation resides in Buffalo Grove,and urged the
Board to approve this proposal.
Trustee Hendricks stated that he is willing to send this to the Plan Commission,but he does so with great reluctance;
he is willing to look further at the proposal,but he is very concerned with taking it off the tax rolls.
Upon roll call,Trustees voted as follows on the motion:
AYES: 3 -Rubin,Braiman,Hendricks
NAYS: 2-Reid,Glover
ABSENT: 1 -Marienthal
Motion declared carried.
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16613 W.PARK AVENUE
1 Christopher Walsh, 16613 W.Park Avenue,Prairie View,made a presentation to the Board regarding his petition
for annexation request,details of which are contained in Mr.Pfeil's memo to Mr.Balling of April 16, 1998.
Moved by Reid,seconded by Rubin,to refer the property of Christopher Walsh at 16613 W.Park Avenue,Prairie
View,petition for annexation with zoning in the R-3 District to the Plan Commission for review.
V Mr. Walsh then answered questions from the Board regarding his plans for the property. Staff also answered
questions as to how this would be handled.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
I NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
RESOLUTION#98-22-PALWAUKEE AREA FIRE PROTECTION
Mr.Balling reviewed the history of the Palwaukee Area Fire Protection District Contract Service Agreement,details
of which are contained in Mr.Brimm's memo to him of April 3, 1998.
Moved by Reid,seconded by Glover,to pass Resolution#98-22,authorizing the execution of the Revised Service
Contract between the Village of Buffalo Grove and the Palwaukee Area Fire Protection District,with the
understanding that this is a continuation of the full cost of providing the fire protection service that all of the rest of
the communities enjoy. Upon roll call,Trustees voted as follows:
AYES: 5 -Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
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WENDY'S RESTAURANT
Moved by Braiman,seconded by Hendricks,to approve the Appearance Commission Recommendation for Wendy's
Restaurant,IL Route 22-Elevations,materials,colors,lighting and landscaping. Upon roll call,Trustees voted as
follows:
AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
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ADJOURNMENT
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Moved by Reid,seconded by Hendricks,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 10:23 P.M. . ()
1. T^pia
J Sirabian,Village Clerk
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APPROVED BY ME THIS DAY OF /1 1998
Village Pr t