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.
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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.
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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.
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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.
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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.
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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.
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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
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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:
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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.
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J . Sirabian, Village Clerk
APPROVED ME THIS DAY OF , 199y
V ge President