1998-11-16 - Village Board Regular Meeting - Minutes 10273
11/16/98
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 NOVEMBER 16. 1998
CALL TO ORDER
President Mathias called the meeting to order at 7:40 P.M. Boy Scout Troop 140 presented the colors and led
those present in the pledge of allegiance to the Flag.
`./ ROLL CALL
Roll call indicated the following present: President Mathias; Trustees Marienthal, Rubin, Braiman, and
Glover. Trustees Reid and Hendricks were absent.
Also present were: William Balling, Village Manager; William Raysa, Village Attorney; William Brimm,
Finance Director; Gregory Boysen, Director of Public Works; Robert Pfeil, Village Planner; Police Chief
McCann; and Joseph Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Marienthal, seconded by Glover, to approve the minutes of the November 2, 1998 Regular Meeting.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Rubin, Braiman, Glover
NAYS: 0-None
ABSENT: 2 -Reid, Hendricks
Motion declared carried.
WARRANT#874
Mr. Tenerelli read Warrant#874. Moved by Braiman, seconded by Glover, to approve Warrant#874 in the
amount of$2,569,087.61, authorizing payment of bills listed. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Rubin, Braiman, Glover
NAYS: 0 -None
ABSENT: 2 -Reid, Hendricks
Motion declared carried.
"SAVED BY THE BELT" AWARDS
Sgt. Steve Husak, of the Buffalo Grove Police Department, presented "Saved by the Belt"awards to the
following people who have had accidents and were wearing seat belts. They are: June Gonzales, Albert
Hoffman, Lori Cohen, Peter Gootrand and Ivy Gootrand. They were each presented with a plaque. Sgt.
Husak thanked the Board for their support.
SEAT BELT COLORING CONTEST
Sgt. Steve Husak then presented awards for the Thanksgiving seat belt safety coloring contest for grades K-3.
In the kindergarten and first grade group, Leah Goldbert was the winner and Tova Urborg won in the second
and third grade group. Sgt. Husak thanked First Midwest bank for making available the $100 savings bonds
presented to the winners.
MANAGEMENT REPORT
Mr. Balling noted the submittal of the Management Report for the month of October, 1998; there were no
questions on same.
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COMMONWEALTH EDISON
Mr. Balling in response to the Board's request, discussed options available to the Village to deal with recent
recurring outages of electricity. Buffalo Grove has joined in a regional initiative with the NWMC to pursue
legislative avenues.
Mr. Boysen outlined an assessment of options to deal with the outages, details of which can be found in his
report to Mr. Balling of November 10, 1998. Commonwealth Edison suggested expanded tree removal
including voluntarily cutting trees beyond easements. Funding would be assessed system wide to all village
�./ customers. Twenty-five to twenty-eight percent of all failures can be attributed to overgrown trees. It is the
highest single reason contributed to outages. A specialist dealing with system reliability has been assigned to
the Village to help form a solution.
Mr. Raysa described the filing procedure for formal and informal complaints with the ICC. His findings can
be found in his memo to Mr. Boysen of October 27, 1998. Any proceedings must follow the ICC rules of
procedure. He also discussed Electric Reliability Rules and Standards that must be met in order for outages to
be considered unreliable service.
Trustee Marienthal questioned what the ongoing maintenance program of Corn Ed is for the Village; the
procedures for upgrading the system by putting it underground, how it will occur, and what the cost would be.
Trustee Rubin believes that ICC is the answer. Any changes would have to come from the Legislature who
governs the ICC.
Trustee Braiman suggested assembling information to build a case in order to form a solution. He also
suggested continued pressure on legislators and NWMC to put pressure on Com Ed.
Trustee Glover sees advantages in having cables buried. She feels the tree removal program is too drastic.
Moved by Rubin, seconded by Braiman, to have staff draft a resolution authorizing the next step in an
informal complaint to be readied for filing and to advise Com Ed that the Village will be prepared and ready to
file if expectations are not met. This should be ready for the next Board meeting December 7.
AYES: 4 -Marienthal, Rubin, Braiman, Glover
NAYS: 0 -None
ABSENT: 2 - Reid, Hendricks
Motion declared carried.
Trustee Marienthal would like to see copies of maintenance reports of work Com Ed has performed.
Trustee Rubin suggested designing a phone line for residents to register name, address and times of outages for
database, then to compare it to reports from Com Ed.
J. Bruehn, 621 White Pine, explained how a transformer had exploded in front of a house with small children.
Janice Moore, 622 Elmwood Drive, believes there is a lack of maintenance but when Corn Ed was asked to
remove a tree she was told it was too expensive.
Thomas VanZyle, aide to Representative Lauren Beth Gash, will relay all comments to her from residents
speaking tonight.
Mark Baich, 494 White Pine, suggested requesting Com Ed to release data to each resident showing a 5-year
history of outages; sign petition for Senator Terry Link demanding action taken against Corn Ed; request
copies of communication between the Village and Com Ed; and to create a commission of residents and
Village staff to support Village efforts.
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Julian Franklin, 495 Bernard Drive, suggested taking an honest look at the data from Com Ed and checking it
for veracity.
CHECKER/ARLINGTON HEIGHTS ROADS
Mr. Balling gave a follow-up report on turning restrictions at northbound Arlington Heights and eastbound
Checker Drive. During the last two years enforcement has been suspended due to construction. The traffic
studies have shown that there is a marked reduction in traffic through the subdivision. Traffic has now
stabilized at a much lower rate. Staff requests direction on how to proceed.
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In response to a question from DeAnn Glover, Chief McCann responded for the Police Department that they
recommend turning restrictions stay intact. The issue is a matter of public convenience not public safety.
Mr. Balling suggested leaving the ordinance authorizing turning restrictions, removing the sign and continuing
to monitor volumes of traffic. If the numbers did change drastically, the Village could respond quickly.
Trustee Rubin believes that if the count has gone down and stabilized, see what the local residents think. He
would favor taking the sign down.
Trustee Braiman favors taking down the sign and repealing the ordinance.
Khaled Cosmo, 325 Checker Drive, has spoken to neighbors in his precinct who favor uncovering the sign.
This would deter residents from cutting through the subdivision. He suggested that residents who need to cut
through on Checker obtain a sticker for their car in order to use the road.
John Paul, a resident of Lexington in the Park, spoke on behalf of all the residents in that subdivision. He
stated there is only one way to exit Lexington in the Park which is onto Arlington Heights Road. Parents
driving children to school and residents doing business in the Town Center need to use Checker Drive.
President Mathias suggested a polling:
1. remove the sign and leave the ordinance -None
2. remove the sign and repeal the ordinance-Marienthal, Rubin, Braiman, Glover
3. leave the sign and enforce the ordinance- None
The area will be monitored for six months to see if the counts remain the same or increase. An ordinance
repealing the original ordinance will be on the next agenda.
QUESTIONS FROM THE AUDIENCE
Lorraine Kowalski, 471 Bernard Drive, thanked the Board for supporting "Support Our Citizens" and for
acting on their request for space for their activities. She also supports the St. Mary's crossing guard and
defends her right to work without harassment. She passed out an article suggesting that the Y2K problem
should be a community project.
Dolores Rietow, 270 Forest Place asked again where the $70,000 that the Village gave to the Park District
overhe last ten years and how it was spent on the seniors. The seniors want space but not a building. Trustee
Glover would like clarification on what was spent. Trustee Braiman would also like to see the
intergovernmental agreement between the Park District and Village pertaining to senior facilities.
Steven Rissman, 1539 Countryside, would like to see a sidewalk extension from the northern boundary
of Arlington Hts. along Kennicott Road ROW adjacent to the Buffalo Grove village limits extending to the
south to connect to the to Nickol-Knoll Park area. Mr. Boysen commented that staff from both villages had
discussed the project. It will be part of the Village of Buffalo Grove CIP for 1999.
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Philip Konales, 514 White Pine, thanked President Mathias, Mr. Balling, Ms. Glover and the police
department honor guard that came out to the Veterans Park on Veteran's Day.
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. President Mathias read a brief
�./ summary of each item on the Consent Agenda. Trustee Rubin requested that Item XI. G and K be removed.
Moved by Glover seconded by Rubin, to approve the Consent Agenda.
ORDINANCE#98-74. Sign Code Variance
Motion to pass Ordinance#98-74, granting a variance from Section 14.20.030 and 14.20.080 of the Buffalo
Grove Sign Code allowing for the installation of a "First of Chicago Bank" wall sign at Dominick's, 1160
Lake Cook Road.
ORDINANCE#98-75-Sign Code Variance
Motion to pass Ordinance#98-75, granting a variance from Section 14.20.030 and 14.20.080 of the Buffalo
Grove Sign Code allowing for the installation of a "First of Chicago Bank" wall sign at Dominick's, 450 Half
Day Road.
ORDINANCE#98-76 -Variance
Motion to pass Ordinance#98-76, granting a variance from Section 17.36.030.F permitting a driveway to
exceed the width of 18', 821 Shady Grove Lane.
RESOLUTION#98-41 -Tax Distribution
Motion to pass Resolution#98-41, regarding Corporate Personal Property Replacement Tax distribution-
1998.
RESOLUTION#98-42-Tax
Motion to pass Resolution#98-42, requesting the County of Cook not to collect the loss in collection in taxable
property in the Village of Buffalo Grove.
RESOLUTION#98-43-Tax
Motion to pass Resolution#98-43, requesting the County of Lake not to collect the loss in collection in taxable
property in the Village of Buffalo Grove.
VILLAGE AUDIT REPORT
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Motion to accept the FY 1997-98 Village Audit Report.
BUSCH GROVE COMMUNITY PARK
Motion to approve a sidewalk easement agreement with Nicor Gas for work at Busch Grove Community Park.
PUBLIC SERVICE CENTER
Motion to approve a bid waiver and award of contract for design services -Public Service storage buildings
and yard wall.
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Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Rubin, Braiman, Glover
NAYS: 0- None
ABSENT: 2 -Reid, Hendricks
Motion declared carried.
ORDINANCE#98-77- 14th Amendment-Town Center PUD
Mr. Marc Schwartz representing the petitioner made a presentation concerning the proposed Burger King
restaurant at the Buffalo Grove Town Center. The plan passed the Plan Commission by a vote of
6-0 recommending the proposal to the Village Board. The petitioner is seeking approval of the 14th
Amendment to the B-5 Town Center zoning district which addresses the issue of a drive through at a fast food
facility, also a variation from the ordinance concerning parking as it relates to shared parking within Town
Center.
Moved by Rubin, seconded by Braiman to approve Ordinance#98-77, Approving the 14th Amendment to the
Town Center Planned Unit Development Ordinance approving a preliminary plan and special use for a Burger
King Restaurant at Buffalo Grove Town Center. Upon roll call, Trustees voted as follows:
AYES: 4 -Marienthal, Rubin, Braiman, Glover
NAYS: 0 - None
ABSENT: 2-Reid, Hendricks
Motion declared carried.
PUBLIC HEARING-TRUTH IN TAXATION
President Mathias read the Notice of Public Hearing. The Public Hearing was opened at 9:35 p.m. Mr.
Brimm reviewed the Truth in Taxation Act and the procedures to be followed with regard to this legislation,
details of which are found in his memo to Mr. Balling of September 26, 1998.
Trustee Rubin listed the items that are unfunded mandates that are required by the State Legislature. The part
of the levy that is under our control is under 5%.
Mr. Brimm noted that what is needed tonight is to have the Board consider the property tax levy and at the
December 21 meeting the property tax abatements will be presented to reduce the amount of the levy. Once
the levy is passed, all other sources of funds are reviewed by staff to reduce the levy.
John Grigas, 621 Harris Drive, asked what all the different taxes were used for. Mr. Balling responded as to
what the sources of revenue were. Over 20% of the corporate budget is funded by property taxes and 80% is
funded by other sources. TheVillage portion is 8-10% of the total property tax bill. The remainder is assesed
by other taxing districts.
The Public Hearing was concluded at 9:45 p.m. and will be continued later in the meeting and the
consideration of the ordinance.
PUBLIC HEARING-VARIATIONS TO THE VILLAGE FLOODPLAIN REGULATIONS
President Mathias opened the Public Hearing at 9:46 and read the Notice of Public Hearing.
Lawrence M. Freedman, attorney for the petitioner described the property. There was a unanimous
recommendation by the Plan Commission and the Appearance Commission.
Richard Kuenkler, Village Engineer gave his favorable recommendation.
The Public Hearing was continued to the regular agenda and the consideration of the ordinances.
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ORDINANCE#98-78-Two story office building-Weiland Rd.. & Deerfield Pkwy.
Moved by Rubin, seconded by Marienthal, to approve Ordinance#98-78, approving a Preliminary Plan,
rezoning to the Office&Research District and variations of the Village Floodplain regulations and Lake
County Watershed Development Ordinance for a proposed 2-story office building at the southeast corner of
Weiland Road and Deerfield Parkway. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Rubin, Braiman, Glover
NAYS: 0-None
ABSENT: 2 - Reid, Hendricks
Motion declared carried.
The Public Hearing was closed at 9:52 p.m.
ORDINANCE#98-79-Amendment to the Zoning Ordinance
Moved by Rubin, seconded by Marienthal, to approve Ordinance#98-79, amending Section 17.48.020.0 of
the Buffalo Grove Zoning Ordinance to allow veterinary services as a special use in the Industrial District.
Mr. Klawiter, attorney for the petitioners, introduced those present and made a brief presentation to the Board.
Details of the presentation can be found in Mr. Pfeil's memo to Mr. Balling of November 12, 1998.
Two separate but distinct petitions are before the Board for approval which involve veterinary clinics. One is
an imaging center for animals and the other a radiation therapy facility.
Plan Commission voted 6-1 to approve the text amendment, and 5-2 to approve each of the separate
applications.
Trustee Braiman was concerned whether this was an appropriate place within the industrial district for this use,
but the impact on traffic and to residents of commercial uses within an industrial district makes sense. He also
requests the Health Department monitor the removal of animal waste, especially in the beginning. He supports
the proposition.
Upon roll call, Trustees voted as follows:
AYES: 4 -Marienthal, Rubin, Braiman, Glover
NAYS: 0- None
ABSENT: 2 - Reid, Hendricks
Motion declared carried.
ORDINANCE#98-80-Radiation Oncology service
Moved by Rubin, seconded by Braiman, to approve Ordinance#98-80, approving a special use at 1310 Busch
Parkway concerning operation of a radiation oncology service for dogs and cats. Upon roll call Trustees voted
as follows:
AYES: 4 -Marienthal, Rubin, Braiman, Glover
NAYS: 0 - None
ABSENT: 2- Reid, Hendricks
Motion declared carried.
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ORDINANCE#98-81 -Diagnostic Imaging Center for Domestic Pets
Moved by Rubin, seconded by Braiman, to approve Ordinance#98-81, Approving a special use at 1330 Busch
Parkway concerning operation of a diagnostic imaging center for domestic pets. Upon roll call Trustees voted
as follows:
AYES: 4 - Marienthal, Rubin, Braiman, Glover
NAYS: 0- None
ABSENT: 2 -Reid, Hendricks
Motion declared carried.
ORDINANCE#98-82-General Obligation Refunding Bonds. Series 1998
Moved by Glover, seconded by Braiman, to pass Ordinance#98-82, providing for the issuance of$1,490,000
General Obligation Refunding Bonds, Series 1998, and providing for the levy and collection of a direct annual
tax for the payment of principal and interest on said bonds.
Mr. Brimm described the bidding process and sale of the bonds details of which can be found in his memo to
Mr. Balling of November 12, 1998. The Village's bond rating was increased with Standard and Poor's and
Moody's Investors. Staff recommends approval.
Upon roll call Trustees voted as follows:
AYES: 4 - Marienthal, Rubin, Braiman, Glover
NAYS: 0- None
ABSENT: 2 -Reid, Hendricks
Motion declared carried.
ORDINANCE#98-83-Tax Levy
Moved by Glover, seconded by Rubin, to approve Ordinance#98-83, providing for the levy and collection of
taxes for fiscal year commencing May 1, 1998 and ending April 30, 1999. Upon roll call Trustees voted as
follows:
AYES: 4-Marienthal, Rubin, Braiman, Glover
NAYS: 0 -None
ABSENT: 2 -Reid, Hendricks
Motion declared carried. At this point President Mathias closed the Public Hearing.
Trustee Braiman requested staff to review and recommend whether the current fiscal year should be changed
from a May 1 through April 30 year to a calendar fiscal year. If the fiscal year matched the calendar year, the
tax levy would coincide with the identified needs within the budget. Also, the golf budget would be able to be
integrated into the complete village budget rather than stand on its own. He would request staff to look at this
process and come back with a recommendation.
KRUEGER & SISLOW PROPERTY
Mr. Balling introduced the topic, details of which can be found in Mr. Pfeil's memo of November 12, 1998.
Leon Jaffe, President of Zale Homes, described the proposed development of 28 single family homes on
heavily wooded lots.
Trustee Marienthal recommended saving as many trees as possible and involving the Village Forester in the
planning.
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Trustee Braiman suggested the Plan and Appearance Commissions meet jointly to discuss the proposed
development.
In answer to Trustee Marienthal's question, Mr. Jaffee replied that the lots to the north get water and sewer
through Vernon Hills.
Trustee Rubin would like to see reports from Building and Zoning on Zale homes already constructed in
Buffalo Grove and how they compare to other builders in the Village.
Trustee Glover wants to see more trees and fewer homes if there is a choice. Mr. Jaffee responded to Trustee
Glover's question, that the size of the homes would be from 2600-3700 square feet and in the price range of
$300,000 to $400,000.
President Mathias recommended that the petitioner return to the Board requesting an application to the Plan
Commission.
SIX MONTH FINANCIAL REPORT
Mr. Brimm presented the six month financial report for FY1998-1999, details of which are contained in his
memo to Mr. Balling of November 4, 1998. Upon roll call, Trustees voted as follows:
Moved by Glover, seconded by Braiman to accept the Six Month Financial Report.
AYES: 4 -Marienthal, Rubin, Braiman, Glover
NAYS: 0 -None
ABSENT: 2 -Reid, Hendricks
Motion declared carried.
MIRIELLE OUTLOTS-Property Title
Trustee Rubin removed this subject from the Consent Agenda because of his concern for parking space at an
active use park.
Moved by Braiman, seconded by Marienthal, to accept the property to outlots A&B, Mirielle Phase One,
PINS 15-21-210-019 and 15-21-210-012 subject to Board approval of the plan before any action is taken on the
property.
Upon roll call, Trustees voted as follows:
AYES: 4-Marienthal, Rubin, Braiman, Glover
NAYS: 0 -None
ABSENT: 2 -Reid, Hendricks
Motion declared carried.
RESOLUTION#98-44-Mirielle Outlots A & B
Moved by Braiman, seconded by Glover to approve Resolution#98-44, executing a Quit Claim Deed and
conveying to the Park District outlots A&b in Mirielle Phase One.
AYES: 4 -Marienthal, Rubin, Braiman, Glover
NAYS: 0 -None
ABSENT: 2 -Reid, Hendricks
Motion declared carried.
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EXECUTIVE MEETING
Moved by Braiman, seconded by Glover, to move to Executive Meeting to discuss Personnel and Litigation
matters. Upon roll call, Trustees voted as follows:
AYES: 4-Marienthal, Rubin, Braiman, Glover
NAYS: 0-None
ABSENT: 2-Reid, Hendricks
Motion declared carried.
The Board moved to Executive Meeting at 10:25 P.M. The Regular Meeting reconvened at 10:35 P.M.
ADJOURNMENT
Moved by Braiman, seconded by Rubin, 4o adjourn the meeting. Upon voice vote, the motion was
unanimously declared carried. The meeting was adjourned at 10:38 P.M.
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Jane • (on, Deputy Village Clerk
,rI V'k
APPROVED BY ME THIS / DAY OF ; 1998
Village Presid nt
Airs-