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1998-12-07 - Village Board Regular Meeting - Minutes 10 282 12/7/98 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 DECEMBER 7. 1998 CALL TO ORDER President Mathias called the meeting to order at 7:30 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, Hendricks and Glover. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Phil Versten, Administrative Assistant; Robert Giddens, MIS Director; Gregory Boysen, Director of Public Works; Robert Pfeil, Village Planner; Richard Kuenkler, Village Engineer; Carmen Molinaro, Director of Golf Operations; and Fire Chief Allenspach. APPROVAL OF MINUTES Moved by Glover, seconded by Hendricks, to approve the minutes of the November 16, 1998 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 -Marienthal, Rubin, Braiman, Glover NAYS: 0- None ABSTAIN: 2-Reid, Hendricks Motion declared carried. Moved by Glover, seconded by Reid, to approve the minutes of the November 24, 1998 Committee of the Whole Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None ABSENT: 1 -Marienthal Motion declared carried. WARRANT#875 Mr. Brimm read Warrant#875. Moved by Hendricks, seconded by Glover, to approve Warrant#875 in the amount of$1,610,397.42, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 -Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS : 0-None Motion declared carried. CITIZEN FIRE ACADEMY Fire Chief Allenspach reviewed the premise of the Citizen Fire Academy, and reviewed the 12 weeks of instruction that was given to each graduate. President Mathias thanked the Chief and all members of the department who participated in this project, after which he presented certificates to the graduates. The graduates then thanked the Fire Department for the many hours that they put into this worthwhile program. 10283 12/7/98 PROCLAMATION-NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION President Mathias read a Proclamation dedicating December, 1998 as National Drunk and Drugged Driving Prevention Month in the Village of Buffalo Grove. President Mathias also recognized the Buffalo Grove Police Department for their aggressive approach in arresting impaired drivers. RESOLUTION#98-45-ELECTRICAL SERVICE RELIABILITY PROBLEMS President Mathias read the proposed resolution. Mr. Balling reviewed discussions that have taken place between Village staff, affected residents, and ComEd. Three programs that should show immediate improvement of the situation are: tree trimming; replacement of fuses with automative re-closing devices; and tree removal; he elaborated on the details of these programs, and recommended passage of the resolution. Mr. Balling also reported on dialogue with the Northwest Municipal Conference regarding the issue. Trustee Reid stated that these programs will save ComEd money also, and he believes they should, at the very least, share in the costs; he also asked about ComEd's plans for maintaining the infrastructure in the area. Trustee Rubin concurred with Trustee Reid, and stated that even underground cables have a life span, and asked about ComEd's plans for areas where the cables are buried, but are over 30 years old; he also asked that Mr. Raysa look at the powers afforded the Village regarding health and safety issues in the event there are residents who are opposed to removal of trees that may pose a hazard to electrical wires. Trustee Marienthal also agreed with comments made; he asked ComEd to respond to the question of when the last time was that they went in and replaced the older lines; he also asked the cost of having a truck come out and repair outages; he believes the$.25/month cost to residents is inappropriate. Trustee Braiman stated that he believes the cost should be borne primarily by ComEd. Moved by Braiman, seconded by Rubin, to pass Resolution#98-45, a resolution concerning electrical service reliability problems in a portion of the Village of Buffalo Grove. Trustee Glover has a concern with ComEd walking the area without Village staff; Mr. Boysen responded that this will be done in conjunction with the tree survey; she is opposed to tree removal unless it will definitely help. Trustee Hendricks stated that ComEd is being given 60 days to drastically improve the situation; if this is not accomplished, a formal complaint will be filed with the Illinois Commerce Commission; Mr. Crawford stated that he understands the Village's position. Trustee Reid commented on a temporary line which was installed over St. Mary's Parkway, which is very low, and he is concerned that construction or salt trucks could hit this line and again disrupt power. Mr. Balling responded to a question by Trustee Rubin and explained what measures are being taken regionally to address this situation. Several residents commented on the problems that they incur with the power is out. Ron Crawford, representing ComEd, thanked Mr. Balling for arranging the meeting in his office where all parties were able to lay out a plan for correcting this situation; he stated that he has analyzed the situations about which residents are complaining, and has found that most of them are due to tree limbs; he stated that they definitely are spending money on their infrastructure; he stated that the low-hanging line to which Trustee Reid referred belongs to the cable company, and was originally taken down by a Village-owned parkway tree. 10 284 12/7/98 Mr. Crawford also stated that he will get costs for dispatching crews on outages; he stated that they will do everything they can to comply with the resolution; he will examine the possibilities of ComEd sharing in the tree removal costs, and believes that he can have that to the Village in a timely manner. Upon roll call, Trustees voted on the motion: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0- None Motion declared carried. EDENS SPUR TRAFFIC President Mathias reported on information he has received regarding lane closures on the Edens Spur; Trustee Braiman suggested that this information should be aired on the cable channel to try and alert as many residents as possible. CABLE TV RATES Trustee Reid reported that the FCC has approved rate increases for cable television service effective as of January 1, 1999, and he wanted to point out that these increases have been approved by the FCC, not the Village of Buffalo Grove. WISCONSIN CENTRAL WHISTLE BLOWING In answer to a question from Trustee Rubin, Mr. Balling presented an update on the ruling for nighttime whistle blowing on the North Central line. PARENTAL RESPONSIBILITY Trustee Rubin, as the parent of a disabled child, thanked State Representative Verna Clayton for her efforts in changing the law so that parents/legal guardians of adult disabled persons may designate a short-term guardian in the same manner that such a guardian may be appointed for a minor. Trustee Rubin extended his appreciation on behalf of his family and others in the same situation to State Representative Clayton. BUTTERNUT DRIVE Mr. Balling presented an update on the right-turn restrictions at Buffalo Grove Road and Butternut and Foxford, details of which are contained in his memo to the Board of December 3, 1998. Trustee Rubin concurred with staff recommendation, and asked what measures are being taken by Stevenson High School to work with this situation, as well as the parking situation in their area. Mr. Balling responded that he has not yet heard from Stevenson High School. In answer to a question from Trustee Reid, Mr. Kuenider stated that there are no traffic counts for Foxford; Trustee Reid stated that he believes it would be appropriate to keep counts at that location also. Several residents stated that they would like to see the sign moved to Daulton if it is taken down at Foxford; it was suggested that a light be put at the intersection, and also that the hours be extended until 8:30 A.M.; they would like to see the speed limit enforced. President Mathias stated that no action will be taken now, as the Board will wait for a report from the Village Manager. Mr. Balling will also again attempt to contact Stevenson High School. 10285 12/7/98 MIRIELLE PARK SITE Mr. Balling presented a report on the parking plans at Mirielle Park, stating that the 30 spaces provided are consistent with the Zoning Ordinance. Trustee Reid stated that these spaces go right to the edge of the street, and he would like to see them set deeper into the park; he believes staff needs to take a hard look at the way the Park District provides for parking. After further discussion, it was moved by Reid and seconded by Glover to defer action on the Parking Plans at `./ Mirielle Park Site until the Park District is able to attend the Board meeting. Mr. Balling stated that the Park District indicated that someone will be able to attend the December 21, 1998 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6-Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. Y2K UPDATE Mr. Giddens made a presentation on Village preparations for Y2K. Staff will continue to monitor the situation and keep the Board appraised. In answer to a question from Lorraine Kilarski, 471 Bernard Drive, Mr. Giddens stated there will be contingencies in place to cope with errors. PUBLIC HEARING-ILLINOIS PARTNERS/WALGREEN'S President Mathias opened the Public Hearing at 9:30 P.M., after which he read from the Notice of Public Hearing published in the Daily Herald on November 21, 1998. President Mathias swore in the following witnesses to give testimony: Scott Gendell, Illini Partners; Rich Vane, Groundwork, Ltd., and Tim Stewart, architect. Mr. Gendell made a presentation to the Board, referring to the Site Plan, details of which are contained in Mr. Pfeil's memo to Mr. Balling of December 4, 1998. During his presentation, he thanked the Board, as well as the Plan and Appearance Commissions, for their assistance and patience in this matter. President Mathias asked if there were any other agencies or anyone else wishing to testify; there were not. Plan Commissioner Berman reviewed both sides of the discussion and vote that took place at the Plan Commission. There was discussion regarding the ingress/egress and traffic on Buffalo Grove Road. Mr. Vane reviewed the decision of the Lake County Department of Transportation. Trustee Glover expressed concern with the interior flow of traffic, and asked Mr. Gendell if he would be willing to make a change at a later date if it does not work without a "do not enter" sign; Mr. Gendell responded that they would absolutely make a change if necessary. Mr. Vane pointed out that this will be a very low volume drive through. 10286 12/7/98 Lengthy discussion ensued with regard to making sure the parking is sufficient for other uses which might lease in the future, since, even though the uses might be permitted, they might be more parking intensive, and could create a parking shortage in the lot as a whole. Mr. Gendell stated that he is willing to set restrictions and put language into the agreement, but he asked that this be worked out tonight because the process has gone on for so long. President Mathias polled the Board: "YES" indicates favor of the plan if the parking can be worked out; "NO" indicates opposition: YES: Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NO: None It was determined that the developer and Mr. Raysa would adjourn and work together on the language at this time. At 10:28 P.M., President Mathias continued the Public Hearing until later on during the regular portion of the agenda. QUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience; there were none. 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. It was requested that Items XI. E., F., and L. be removed from the Consent Agenda. Moved by Braiman, seconded by Glover, to approve the Consent Agenda. ORDINANCE#98-84-Sign Code Variance Motion to approve Ordinance#98-84, granting a variance from Section 14.20.010 and 14.20.020 of the Buffalo Grove Sign Ordinance. RESOLUTION#98-46-Deposits and Investments Motion to approve Resolution#98-46, adopting the Village of Buffalo Grove policies and practices relative to deposits and investments. ORDINANCE#98-85-Certificate of Reduction of Taxes Motion to approve Ordinance#98-85, authorizing the sdoption and execution of a certificate of reduction of taxes for series 1984 General Obligation Bonds. ORDINANCE#98-86-Variance of Zoning Ordinance Motion to accept the approval of the Walgreen's access agreement. WALGREENS ACCESS AGREEMENT Motion to approve Walgreen's Access Agreement. 10:287 12/7/98 TIF REPORT Motion to accept the annual TIF Report. HELENE'S SUBDIVISION-Initial Aceptance Motion to accept the initial acceptance-Helen's Subdivision. CANTERBURY FIELDS-Initial Acceptance Motion to accept the initial acceptance -Canterbury Fields. Upon roll call, Trustees voted as follows: ORDINANCE#98-87-WENDY'S RESTAURANT Jeff Gylling, Wendy's International, explained the request of Wendy's, details of which are contained in Mr. Schar's memo to Mr. Balling of December 2, 1998; he then answered questions from the Board and confirmed that all requests made by the ZBA have been fulfilled. Moved by Reid, seconded by Glover, to pass Ordinance#98-87, granting a variance from Sections 14.20.030, 14.40.145, 14.40.020 and 14.20.080 of the Buffalo Grove Sign Ordinance for Wendy's at 300 Half Day Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE#98-88-ARLINGTON HEIGHTS/CHECKER ROADS Moved by Rubin, seconded by Reid, repealing the turning restriction on Checker Drive and Arlington Heights Road, details of which are contained in Mr. Kuenider's memo to Mr. Balling of November 17, 1998. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE#98-89-METRICOM Mr. Versten made a presentation to the Board, details of which are contained in his memo to Mr. Balling of December 3, 1998. Moved by Reid, seconded by Glover, to pass Ordinance#98-89, approving a Municipal Facilities Use Agreement with Metricom. In answer to a question from Trustee Braiman, David Soch, representing Metricom, stated that, upon termination of the agreement, Metricom must remove the boxes within 180 days, otherwise the Village may remove them at Metricom's expense; the cost of the radios is too expensive to simply abandon them. Mr. Soch stated that Metricom would not be adverse to a performance/surety bond, within reason, being posted to insure that the boxes are removed when the agreement is terminated. 10 238 12/7/98 Trustee Reid amended the motion subject to acceptable language regarding the bond before the agreement is executed, and Trustee Glover seconded the amendment. Upon roll call, Trustees voted as follows on the amended motion: AYES: 6 -Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0- None Motion declared carried. FIRE TRAINING FENCE Moved by Braiman, seconded by Rubin, to award bid for a Fire Training Fence, for an amount not to exceed $14,035, details of which are contained in Mr. Weyrauch's memo to Mr. Balling of December 2, 1998. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0- None Motion declared carried. "I" DISTRICT-RETAIL USES Mr. Balling reviewed the proposal of Aisle 3 for use of the former CDW building. Scott Nicholson, introduced Mike Wesley, of Tanquay, Burke, Stratton, representing the pre-applicant to occupy the CDW space, stated that their intention is simply to open a dialogue with the Village regarding their proposal. Mr. Wesley made a presentation to the Board, details of which are contained in Mr. Ballings memo to the Board of December 3, 1998. The company behind the proposal is Filene's Basement, and the name of the tenant would be Aisle 3. Both gentlemen then answered questions from the Board. The consensus of the Board was that the petitioner should proceed. ORDINANCE#98-90-ILLINI PARTNERS Mr. Raysa and the representatives from Illini Partners returned to the meeting with language for the Annexation Agreement, thereby resuming the Public Hearing at 11:05 P.M. Mr. Raysa read the new paragraphs to be added to the Annexation Agreement that were just drafted by him and the representatives from Illini Partners. Moved by Rubin, seconded by Reid, to pass Ordinance#98-90, annexing right-of-way on the east side of Buffalo Grove Road, north of Thompson Boulevard, to the Village of Buffalo Grove; details are contained in Mr. Pfeil's memo to Mr. Balling of December 4, 1998. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 -None Motion declared carried. ORDINANCE#98-91 -ZONING ORDINANCE Moved by Rubin, seconded by Reid, to approve a change to the Comprehensive Zoning Ordinance of the Village of Buffalo Grove concerning right-of-way on the east side of Buffalo Grove Road, north of Thompson 10239 12/7/98 Boulevard. Upon roll call, Trustees voted as follows: AYES: 6-Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE#98-92-ANNEXATION AGREEMENT Moved by Rubin, seconded by Braiman, to approve an Annexation Agreement, as amended by Mr. Raysa and Illini Partners, and Zoning Ordinance variations for the Illini Partners proposed Walgreen's and commercial development on the Roscher and Scarsdale Business Center properties at the southeast corner of Buffalo Grove Road and Aptakisic Road. Upon roll call, Trustees voted as follows: AYES: 6 -Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE#98-93-ANNEXATION Moved by Rubin, seconded by Reid, to pass Ordinance#98-93, annexing the Roscher property portion of the Illini Partners proposed Walgreen's and commercial development on the Roscher and Scarsdale Business Center properties at the southeast corner of Buffalo Grove Road and Aptakisic Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0- None Motion declared carried. ORDINANCE#98-94-Zoning Ordinance Moved by Rubin, seconded by Reid, to pass Ordinance#98-94, approving a change to the Comprehensive Zoning Ordinance of the Village of Buffalo Grove concerning the Illini Partners proposed Walgreen's and commercial development on the Roscher and Scarsdale Business Center properties at the southeast corner of Buffalo Grove Road and Aptakisic Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE#98-95-SIGN ORDINANCE Moved by Reid, seconded by Braiman, to pass Ordinance#98-95, granting a variance from Sections 14.20.030 and 14.20.080 of the Buffalo Grove Sign Ordinance. Upon roll call, Trustees voted as follows: AYES: 6- Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. WALGREEN'S Moved by Rubin, seconded by Glover, to accept Appearance Commission recommendation for Aptakisic Road and Buffalo Grove Road, Walgreen's and commercial building: elevations, materials, colors, lighting, landscaping and signs -full review. Upon roll call, Trustees voted as follows: 10290 12/7/98 AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0- None Motion declared carried. President Mathias closed the Public Hearing at 11:15 P.M. and welcomed the developer to the Village of Buffalo Grove. 1999 GOLF COURSE BUDGET Moved by Braiman, seconded by Glover to continue the presentation of the 1999 Golf Course Budge Presentation until the December 21, 1998 Regular Meeting. Upon roll call, Trustees voted as follows; AYES: 6 -Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0- None Motion declared carried. EXECUTIVE MEETING Moved by Braiman, seconded by Glover, to move to Executive Meeting to discuss Personnel. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0- None Motion declared carried. The Board moved to Executive Meeting at 11:17 P.M. The Regular Meeting reconvened at 11:45 P.M. ADJOURNMENT Moved by Braiman, seconded by Rubin, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:45 P.M. 2a� Cm �y . ..li`� _ - maa J . Sirabian, Village Clerk APPROVED ME THIS DAY OF , 199y V ge President