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1998-09-28 - Village Board Special Meeting - Minutes 10248 9/28/98 MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS 50 RAUPP BOULEVARD.BUFFALO GROVE.ILLINOIS ON MONDAY SEPTEMBER 28.1998 CALL TO ORDER President Mathias called the meeting to order at 7:37 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present:President Mathias;Trustees Marienthal,Reid,Rubin,Braiman,and Glover. Trustees Hendricks was absent. Also present were:William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Finance Director;Phil Versten,Administrative Assistant;Robert Pfeil,Village Planner;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Braiman,seconded by Glover,to approve the minutes of the September 14, 1998 Special Meeting. Upon roll call,Trustees voted as follows: AYES: 3 -Marienthal,Braiman,Glover NAYS: 0-None ABSTAIN: 2-Reid,Rubin ABSTAIN: 1 -Hendricks Motion declared carried. WARRANT#870 Mr.Tenerelli read Warrant#870. Moved by Braiman,seconded by Glover,to approve Warrant#870 in the amount of$1,079,779.34,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. RESOLUTION#98-31 -JANET SCHOTZ President Mathias read the proposed resolution commending Janet Schotz for her service to the Buffalo Grove Board of Health, 1979-1998. Moved by Marienthal,seconded by Reid,to pass Resolution#98-31. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. RESOLUTION#98-32-RICHARD PERVOS President Mathias noted that a similar resolution commends Richard Pervos for his service to the Buffalo Grove Board of Health, 1992-1998. Moved by Braiman,seconded by Glover,to pass Resolution#98-32. Upon roll call Trustees voted as follows: 10249 9/28/98 AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. WORKFORCE DEVELOPMENT COUNCIL President Mathias noted a plaque received by the Village at a reception that he attended for the Workforce Development Council recognizing its commitment to the community scholarship campaign. VOTER REGISTRATION The Village Clerk noted that voter registration for the November 3, 1998 election will close on October 6, 1998. MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for the month of August, 1998;there were no questions on same. FLU SHOT PROGRAM Mr.Balling reported on the 1998 Flu Shot Program,details of which are contained in Mr. Sheehan's memo to him of September 22, 1998. METRICOM Mr.Versten reviewed the proposed use agreement with Metricom,details of which are contained in his memo to Mr. Balling of September 23, 1998. John Curlander,Department Manager for Government Relations,further elaborated on Metricom's proposal,and answered questions from the Board;he also presented an actual transceiving device for the Board to view;he will supply a list of communities where they currently have entered into agreements.. Mr.Balling stated that staff is not asking the Board for agreement,but staff would like to take the next step with Metricom. Since the Northwest Municipal Conference is also studying this type of agreement further,staff has been assured that,should the Conference end up with more favorable terms,the Village of Buffalo Grove would have the benefit of those negotiations. Moved by Braiman,seconded by Glover,to direct staff to proceed with the proposed Municipal Facilities Use Agreement with Metricom,a wireless data communications company. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. CONGREGATION BETH AM Mr.Balling reviewed this situation for the Board,noting that the original motion is conditional upon the Village receiving sales tax money from any outside caterers employed by the Congregation. Investigation has determined that the Village could only derive sales tax from caterers housed in Buffalo Grove,as all caterers are taxed where they are housed. Moved by Braiman,seconded by Rubin,to delete the sales tax condition from Ordinance#98-54. Upon roll call, Trustees voted as follows: 10250 9/28/98 AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. THOMPSON/BUFFALO GROVE ROAD SIGNAL Mr.Balling brought the Board up to date on the status of the Thompson/Buffalo Grove Road traffic signal. SOCCORSO SUIT In answer to inquiries made to Village Hall,Mr.Balling reviewed the Soccorso case,stating that the legal process is proceeding;the decision to proceed to the Illinois Supreme Court rests with the Intergovernmental Risk Agency,the Village's insurance carrier,not with the Village of Buffalo Grove. President Mathias stated that any fmal decision is made by the insurance carrier;the legal proceedings are not fmanced by the Village,but by the insurance carrier. COIN OPERATED AMUSEMENT DEVICES Mr.Balling reviewed a possibility to amend the coin-operated amusement device ordinance to allow more than three machines in establishments holding a pouring licence;the Police Department is comfortable with this proposal. There being no objection from the Board,staff will present a proposed ordinance to the Board next month. PUBLIC HEARING-WALSH PROPERTY President Mathias re-opened this Public Hearing at 8:17 P.M.,and noted that Chris Walsh is still under oath. Mr.Walsh stated that many of the issues have been ironed out,details of which are outlined in Mr.Pfeil's memo to Mr.Balling of September 10, 1998. President Mathias asked if there were any comments from the audience or the Board;there were none. At 8:18 P.M.,President Mathias continued the Public Hearing until the ordinances are considered later on in this meeting. QUESTIONS FROM THE AUDIENCE Rob Sherman,Box 7410,stated that he believes that the car belonging to the crossing guard at the intersection of Buffalo Grove and Lake Cook Roads is improperly parked,and he would like the Village to consider prohibiting that car from parking in that spot. Mr. Sherman also noted the regulations of the Village pertaining to mail box standards;since there are so many other types of mail boxes,he suggested that the ordinance be changed so that more than one type of mail box would be in compliance. President Mathias stated that staff will investigate Mr. Sherman's requests and report back to the Board,as well as inform Mr. Sherman of their fmdings. CONSENT AGENDA President Mathias explained the Consent Agenda,stating that any items on the Consent Agenda may be removed by a Board member or member of the audience for full discussion;there were no such requests. President Mathias read a brief summary of each item on the Consent Agenda. Moved by Braiman,seconded by Glover to pass the Consent Agenda. 10251 9/28/98 ORDINANCE 98-59-Traffic Restriction Motion to pass Ordinance#98-59,Amending Title 10 of the Municipal Code to provide for turn restrictions at Fremont Way and Arlington Height Road. RESOLUTION#98-33-Commuter Station Motion to pass Resolution#98-33,Authorizing Amendment No. 3 to the Commuter Station Development Agreement between the Village of Buffalo Grove and Metra. RESOLUTION#98-34-Weiland Rd.and Pauline Ave. Motion to pass Resolution#98-34,Approving an Agreement for Engineering Services for the Weiland Road and Pauline Avenue intersection improvement. SHELL/MCDONALD'S-DIA Motion to approve a Development Improvement Agreement,fmal plat and attending conditions-Shell/Mcdonald's, Illinois Route 83 and Arlington Heights Road. LONG GROVE CONFECTIONERY -DIA Motion to approve a Development Improvement Agreement,fmal plat and attending conditions-Long Grove Confectionery building expansion. BUFFALO GROVE POLICE PENSION FUND-Annual Report of Condition Motion to approve the Annual Report of Condition-Buffalo Grove Police Pension Fund. BUFFALO GROVE FIRE PENSION FUND-Annual Report of Condition Motion to approve the Annual Report of Condition-Buffalo Grove Fire Pension Fund. DOVER ELEVATOR SETTLEMENT Motion to accept a settlement offer in the case of Dover Elevator vs. the Village of Buffalo Grove(Case 98 L 8639). PUBLIC WORKS OFFICE FURNITURE-Bid Waiver/Award of Bid Motion to approve a Bid Waiver and Award of Bid-Public Works Office Furniture. 351 HASTINGS LANE-Aesthetics Motion to approve the Appearance commission Recommendation:Hiffman, Schaeffer&Anderson,Inc. 351 Hastings Lane-addition of overhead door and a main door. WEILAND ROAD/DEERFIELD PARKWAY OFFICE BUILDING-Aesthetics Motion to approve the Appearance commission Recommendation:Weiland Road, South of Deerfield Parkway Office building-full reviewL elevations,materials,colors,landscaping and lighting. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. 10252 9/28/98 ORDINANCE#98-60-WALSH PROPERTY Moved by Rubin,seconded by Glover,to pass Ordinance#98-60,approving an Annexation Agreement and Zoning Ordinance Variations for the Walsh property, 16613 West Park Avenue. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. ORDINANCE#98-61 -WALSH PROPERTY Moved by Rubin,seconded by Reid,to pass Ordinance#98-61,annexing the Walsh Property to the Village of Buffalo Grove. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. ORDINANCE#98-62-WALSH PROPERTY Moved by Rubin,seconded by Reid,to pass Ordinance#98-62,approving a change to the Comprehensive Zoning Ordinance as it concerns the Walsh property. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. President Mathias closed the Public Hearing at 8:35 P.M.and welcomed Mr.Walsh to the Village. WIRELESS COMMUNICATIONS MONOPOLE Mr.Balling reviewed the proposed special use for a monopole antenna tower at the northeast corner of Milwaukee Avenue and Estonian Lane. Brian Barrett,on behalf of William Cotey,the owner of the property,made a brief presentation regarding the request of the petitioner,details of which are contained in Mr.Pfeil's memo to Mr.Balling of September 23, 1998;he referred to a Site Plan,a Concept Plan,a Typical Compound Plan and an Elevation Drawing. In answer to a question from Trustee Marienthal,Mr.Barrett commented on the existing towers in the area. Trustee Rubin noted that this property is unique and has very limited uses;he has no problem referring this to the Plan Commission,with direction to looking at reducing the 199'even further;he does have a concern with the 199' height. Trustee Braiman would also like the Plan Commission to look closely at the height;he would also like the two other poles shown on the plan deleted;he wants to make sure the access road meets standards. Moved by Braiman,seconded by Rubin,to refer the Special Use in the B-4 district,proposed wireless communications monopole of 199'at Milwaukee Avenue and Estonian Drive to the Plan Commission for review. In answer to a question from Trustee Glover,Mr.Balling stated that Northwest Central Dispatch would be using the Northwest Community Hospital tower. Mr.Barrett confirmed to Trustee Glover that 9-1-1 access for cellular customers would be easier. 10253 9/28/98 Trustee Glover urged caution on the height,and she wants to make sure that any future use on the property would have to come back before the Village Board. Trustee Reid asked the Plan Commission to be sure they are working with the most current information from the Army Corps of Engineers;he also wants to be sure the Plan Commissions makes provision for destruction of this tower in the event of abandonment. Trustee Rubin agrees that there should be no additional towers or structures on the property,and also to look closely at the height. Upon roll call,Trustees voted as follows on the motion: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. TOWN CENTER BURGER KING Mr.Balling reviewed the status of the approval of an Escrow Agreement between the Village of Buffalo Grove and Simon DeBartolo Company and reauthorization of a Plan Commission referral for the Buffalo Grove Town Center Burger King;he stated that documentation is approximately 99%complete,and he asked that this matter be deferred until October 5, 1998 when fmal documentation can be put in place. Moved by Braiman,seconded by Reid,to defer the Town Center Burger King until the October 5, 1998 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. IMAGING CENTER FOR ANIMALS Mr.Balling reviewed the proposed use for this property. Richard Klauer,attorney for the petitioner,made a presentation to the Board,details of which are contained in Mr. Pfeil's memo to Mr.Balling of September 23, 1998;he specifically pointed out that their traffic generation and parking requirements are extremely low. Moved by Rubin,seconded by Reid,to refer the Special Use in the Industrial District and Zoning Ordinance text amendment,Imaging Center for Animals at 1330 Busch Parkway to the Plan Commission for review. Dr.Robert Badertscher of Veterinary Imaging Professionals,presented a brief summary of the type of business which that would be conducted at this facility. There was discussion as to whether a Plan Commission Workshop is required,or whether this could proceed immediately to a Public Hearing. Trustee Rubin amended the motion to allow the Plan Commission to publish for a Public Hearing,but to defer it if more information is needed,and effectively use the first meeting as a workshop;Trustee Reid accepted the amendment. Trustee Braiman believes there should be a workshop first;he would like input from the Health Officer;he would like to know what impact this will have on the neighboring offices;he would also like to know what provisions there would be for animals to relieve themselves before entering the facility. 10254 9/28/98 Trustee Reid agreed with Trustee Braiman with regard to the impact on neighbors,and asked that notice be sent to each tenant in the buildings within 250'. Upon roll call,Trustees voted as follows on the amended motion: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. TRUTH IN TAXATION ACT Mr.Brimm present the Truth in Taxation Act Tax Levy determination,details of which are contained in his memo to Mr.Balling of September 21, 1998 Moved by Glover,seconded by Braiman,to accept the Truth in Taxation Act Tax Levy Determination and authorize a Public Hearing to take place. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. BUFFALO GROVE DAYS 1998 FINANCIAL REPORT Mr.Brimm presented the Buffalo Grove Days 1998 Financial Report,details of which are contained in his memo to Mr.Balling of September 21, 1998. Preliminary reports show$201K+in revenue,$186K+in expenses,for a $14K+carryover for 1999. Mr.Dettman will be at the October 5, 1998 meeting with the operational report. After Board comments,it was moved by Braiman,seconded by Reid,to accept the 1998 Buffalo Grove Days 1998 Financial Report. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. EXECUTIVE MEETING Moved by Braiman,seconded by Reid,to move to Executive Meeting to discuss Litigation. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. The Board moved to Executive Meeting at 9:25 P.M. At 9:36 P.M.,it was moved by Braiman and seconded by Glover to return to the Regular Meeting. Upon voice vote,the motion was unanimously declared carried. ADJOURNMENT Moved by Glover,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:37 P.M. 10255 9/28/98 . S44-t. 3a.a* et M. Sirabian,Village Clerk APPROVED BY ME THIS Y OF , 1998 Village P en