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1997-04-07 - Village Board Regular Meeting - Minutes 10031 4/7/97 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 7.1997 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 Marienthal,Reid,Rubin,Braiman,and Glover. Trustee Hendricks arrived at 8:20 P.M.,and Trustee Marienthal left at 9:30 P.M. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;Lee Szymborski,Assistant Village Manager;William Brimm,Finance Director;Robert Pfeil,Village Planner;Brian Sheehan,Health Officer; Raymond Rigsby,Superintendent of Public Works;Police Chief McCann,and Joseph Tenerelli,Village Treasurer. RESOLUTION#97-8-CANVASS OF VOTES President Mathias read the proposed resolution affirming the canvass of vote returns in the April 1, 1997 municipal election,declaring the newly elected Trustees as follows: WILLIAM W.REID -734 CHARLES R.HENDRICKS -713 JEFFREY S.BRAIMAN -760 I!i Moved by Marienthal,seconded by Glover,to pass Resolution#97-8,affirming canvass of vote returns and declaring that William W.Reid,Charles R.Hendricks and Jeffrey S.Braiman are duly elected to the Office of Village Trustee for a term of four years each. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. OATH OF OFFICE President Mathias administered the oath of office to William Reid and Jeffrey Braiman,who were then congratulated by the audience. APPROVAL OF MINUTES Moved by Glover,seconded by Reid,to approve the minutes of the March 17, 1997 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSTAIN: 1 -Hendricks Motion declared carried. 10032 4/7/97 WARRANT#835 Mr.Tenerelli read Warrant#835. Moved by Braiman,seconded by Marienthal,to approve Warrant#835 in the amount of$2,783,547.89,authorizing payment of bills listed. Moved by Rubin,seconded by Reid,to defer the vote on the Warrant#835 until after the Executive Meeting at the end of the Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 4-Reid,Rubin,Braiman,Glover NAYS: 1 -Marienthal .••/ ABSENT: 1 -Hendricks Motion declared carried. RESOLUTION#97-9-WILLIAM BALLING President Mathias read the proposed resolution recognizing the 20years of service of William Ballingas Village P P P�'► g g Manager of Buffalo Grove. Moved by Marienthal,seconded by Reid,to pass Resolution#97-9,congratulating and commending William R.Balling for his fine and faithful 20 years of service to the citizens 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. President Mathias presented a gift to Mr.Balling on behalf of the Village. Mr.Balling thanked the Board and the citizens for the opportunity to serve the Village. ECONOMIC DEVELOPMENT TASK FORCE President Mathias appointed Kathy Rogers,Rogers Centre for Commerce,and Jack Miller,The Quill Corporation, to the Economic Development Task Force.Moved by Braiman,seconded by Reid,to concur with President Mathias' appointments. 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 announced that the first meting of the Economic Development Task Force is April 16, 1997 at 8:00 A.M.at the Hilton Garden Inn. BUFFALO GROVE DAYS COMMITTEE President Mathias reappointed the following residents to the 1997 Buffalo Grove Days Committee:Ron Dettmann, Chairman,Maureen Welborn, Sherry Hrisko,Sue Masarachia,Joanne Dettmann,Les Benson,Murray Sprung, Paulette Greenberg ,Rocco Pape,Dean Hoeltmg,Howard Hoffman,Ken Lazar,Karen Danenberg and Rhonda Corchin. Moved by Marienthal,seconded by Glover,to concur with President Mathias' appointments. Upon roll call,Trustees voted as follows: AYES: 5 - NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. 10033 4/7/97 President Mathias appointed the following residents to the 1997 Buffalo Grove Days Committee: Larry Buchweitz, J.V. Springman,Jr.,Lori Hackett,Ron Hackett,Roland Blais,Jean Blais,Penny Novy and Glenda Hoelting. Moved by Reid, seconded by Glover,to concur with President Mathias' appointments. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. Moved by Reid, seconded by Braiman,to reappoint Joseph Tenerelli to the 1997 Buffalo Grove Days Committee. 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 HIGH SCHOOL CHEERLEADERS President Mathias read a commendation to be given to each of the members of the Buffalo Grove High School Cheerlearding Team in recognition of being named National Champion at the Open National Cheer and Dance Team Championship. The members of the team are as follows:Brad Abrahams,Derek Clement,Eric Duel,Thomas Ewald,Jr.,Lisa Feddema,Jon Hilario,Denise Jodlowski,Andrew Lyons,Jennifer McCormick,Colleen McDonnell, Alisa Monnier,Christopher Nanney,Kate Petrie,Anthony Polanzi,Omar Primicias,Felipe Ramirez,Meagan Riley, Jennifer Russano,Katie Sullivan,Mark Willard,Coaches Jeffrey Siegal and Jodene Woltman. Mr. Siegal briefly explained the competitions won by this team,and a video of the team's competition in Florida was shown,after which the team was congratulated by the audience and the Board. President Mathias presented a sign to the team,and stated that signs will be placed on Dundee Road shortly. PROCLAMATION-FAIR HOUSING President Mathias read a Proclamation declaring the month of April, 1997 as Fair Housing Month,and expressing the hope that this year's observance will promote fair housing practices throughout the Village. PROCLAMATION-NATIONAL VOLUNTEER WEEK President Mathias read proclamation declaring April 13-19, 1997 as National Volunteer Week in the Village and requesting all citizens to observe this week by recognizing the individuals who have made a difference in our community. PROCLAMATION-BUILDING SAFETY WEEK President Mathias noted a proclamation declaring the week of April 6-12, 1997 as International Building Safety Week,urging all citizens to participate in activities to help promote building safety,to create awareness as to the importance of construction and building codes,and to spotlight the role of the dedicated code official in administering those codes. PROCLAMATION-ARBOR DAY President Mathias read a proclamation declaring April 25, 1997 Arbor Day in the Village of Buffalo Grove,and calling upon all citizens and civic organizations to support efforts to protect our trees and woodlands and to support our Village Urban Forestry Program. 10034 4/7/97 Mr. Rigsby briefly reviewed the background of the Tree City U.S.A.program;he then presented a plaque and a flag designating Buffalo Grove as a Tree City U.S.A.recipient for the ninth consecutive year. POLICE DEPARTMENT ACCREDITATION Mr.Balling explained that this is the third time that the Village of Buffalo Grove has received national certification and accreditation from the National Commission on Police Accreditation which conducts an intensive review of police department policies and procedures. This accreditation is given in five-year increments,and when Buffalo Grove received the accreditation for the first time,it was the second recipient in the State of Illinois and the ninth in the United States. Chief McCann and Deputy Chief Gozdecki worked to file the application and notification was just received of the re-accreditation. Mr.Balling stated that Buffalo Grove is probably one of the few departments in the United States with a third accreditation. RESOLUTION#97-10-SENATE BILL 08 Trustee Reid commented on a recent experiment regarding blood alcohol levels in which he was recently involved. Moved by Reid, seconded by Braiman,to pass Resolution#97-10,supporting Senate Bill 08 and encouraging full passage. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. FINANCIAL REPORTING ACHIEVEMENT ReportingAchievement has beenpresented to the Villageof Buffalo Mr.Ballingnoted that the Award of Financialc Bu fa o Grove and William Brimm,Director of Finance&General Services for Excellence in Financial Reporting by The Government Finance Officers Association of the United States and Canada. Mr.Brimm was thanked and III congratulated by the audience and the Board. ARLINGTON HEIGHTS/CHECKER ROADS Mr.Balling reported on the turning restrictions at Arlington Heights and Checker Roads,details of which are contained in his memo to the Board of April 3, 1997. There are concerns of residents of the area who are inconvenienced by the turning restriction,and although staff recommends continuation of the turning restrictions because of construction in the near future,staff does recommend modifying the morning restriction hours to 6:00- 8:30 A.M. John Gile of Lake Zurich stated that he has children in day care at Hope Lutheran Church stated that he has observed cars going into the church parking lot to turn around and drive east on Checker Road,and he is concerned about the safety of the children in that area. John Paul,Lexington in the Park,stated that this restriction does not make sense and is a great inconvenience to residents in his neighborhood as well as Strathmore residents. Trustee Hendricks arrived at this time. A resident of Lexington in the Park stated that the only entrance to the subdivision is on Arlington Heights Road and is a great inconvenience;she has a child at Willow Grove school,and she is unable to make the right turn on to Checker Road to drive her child to school;she asked that the restriction at least be changed to 8:30 A.M.. 10035 4/7/97 There were no objections from the Board to changing the restriction time to 6:00-8:30 A.M.,and reviewing the restriction again after the construction is completed. FUTURE AGENDA Mr.Balling announced that there will be a workshop meeting on Monday,April 14, 1997,and a Special Meeting on Monday,April 28, 1997,and that there will not be a meeting on Monday,April 21, 1997. QUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience;there were none. OATH OF OFFICE President Mathias administered the oath of office to Charles Hendricks who was congratulated by the audience. 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;there were no such requests. President Mathias then read a brief synopsis of each item on the Consent Agenda. Moved by Glover,seconded by Reid,to approve the Consent Agenda. ORDINANCE#97-29-Amend Title 10 Motion to approve Ordinance#97-29,Amending Title 10 of the Municipal Code designating No Parking on Twilight Pass and Kingsbridge Way. ORDINANCE#97-30-Disposal of Surplus Property Motion to approve Ordinance#97-30,Authorizing the Disposal of Surplus Village Personal Property. ORDINANCE#97-31 -Liquor Controls Motion to approve Ordinance#97-31,Amending Chapter 5.20,Liquor Controls Ordinance rescinding a Class A liquor license for Bilbao,Inc.d/b/a Chef Tony's Taste of Spain and reserving a Class A liquor license for Ayuso Corp.,new owners of Chef Tony's Taste of Spain. RESOLUTION#97-11-Fire Protection District Contract Motion to approve Resolution#97-11,Authorizing the Execution of the Revised Service Contract between the Village of Buffalo Grove and the Palwaukee Area Fire Protection District,formerly the Wheeling Fire Protection District. RESOLUTION#97-12-Pavement Evaluation Services Motion to approve Resolution#97-12,Approving an Engineering Agreement to Provide Pavement Evaluation Services and to include a Bid Waiver. 10036 4/7/97 RESOLUTION#97-13-1997 Villagewide Street Maintenance Program Motion to approve Resolution#97-13 For Improvement by Municipality under the Illinois Highway Code- authorizing the use of$60,000 in Motor Fuel Tax Funds for the 1997 Villagewide Street Maintenance Program. HIGHLAND PARK FITNESS CENTER Motion to approve a Development Improvement Agreement and a Plat of Easement and attending conditions- Highland Park Fitness Center. BUSCH GROVE COMMUNITY PARK-Fee Waiver Motion to approve Fee Waivers-Buffalo Grove Park District building permit fees,sanitary and water connection fees for the first phase of development at Busch Grove Community Park. VILLAGE HALL PARKING LOT IMPROVEMENT-Bid Motion to Authorize to Bid-Village Hall parking lot improvement ST.PAUL FEDERAL BANK FOR SAVINGS-Aesthetics Motion to accept Appearance Commission Recommendation: St.Paul Federal Bank for Savings, 1 W.Dundee Road-Cash Station signs on 3-sided ground sign. ARBOR CREEK CENTER-Aesthetics Motion to accept Appearance Commission Recommendation:Arbor Creek Center V,Lot 20 at Corporate Grove- Architecture,materials,colors, lighting landscaping and sign. JUN-AIR USA.INC.-Aesthetics Motion to accept Appearance Commission Recommendation:Jun-Air USA,Inc. 1350 Abbott Ct.-Architecture, materials,colors,lighting and landscaping. MUNICIPAL PARKING LOT MAINTENANCE CONTRACT-Bid Motion to Authorize to Bid-Municipal Parking Lot Maintenance Contract. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. ORDINANCE#97-32-WATER&SEWER RATES Moved by Braiman,seconded by Rubin,to pass Ordinance#97-32,amending Section 13.04.190 and 13.04.290 of the Municipal Code as it concerns Water and Sewer Rates and Fees,details of which are contained in Mr.Brimm's memo to Mr.Balling of March 10, 1997. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. 10037 4/7/97 REGULATION OF CERTAIN DOG BREEDS President Mathias stated that petitions have been received from some residents asking that certain breeds of dogs be regulated in the Village of Buffalo Grove,details of which are contained in Mr.Balling's memo to the Board of April 1, 1997. Gary Stone,Rolling Hills,explained the proposal desired by the residents wishing to have certain breeds of dogs restricted;he is concerned about injuries to residents,particularly children,by certain breeds of dogs which are known to be dangerous. Ben Schecter,who is a resident and also a veterinarian,commented that Rottweilers and Pit Bulls have a tendency toward serious aggression leading to severe and sometimes fatal injuries to people;not all dogs of these breeds are aggressive,but there is a genetic tendency for these dogs to show dangerous aggression;he commented on personal experiences with these dog breeds in his practice,and he presented some suggestions for safety with these dogs;he stated that often the people that own these breeds are unable to control them. Steve Wernikoff,resident,related an attack by a Rottweiler to his six-year old daughter in 1991;he reviewed he surgeries,medical bills,and trauma which was caused to the family by this attack. John Flaherty,resident and an emergency physician,spoke in favor of the ordinance primarily as a preventative measure;he related some of the experiences he has had treating dog bites. Richard Goodman,resident and dog obedience class instructor and trainer,stated that the worst thing you can do to any dog is to stake is on the end of a chain and muzzle it,which only causes aggression;he believes we need strict laws to protect residents,but we do not need silly laws. Thomas Mathie,resident,owns a Rottweiler and has never had any incidents with it;they can be trusted around children in the right hands;he believes poor ownership is the cause of attacks by dogs;he stated that people are getting these types of dogs to protect their homes from invasion,and if people cannot have the dogs,they will be getting guns. Adrienne Goodman,dog trainer,stated that she sympathizes with Mr.Wernikoff,stated that she has Rottweilers that are therapy trained and she takes them to children's hospitals and nursing homes;she believes there should be a vicious dog law,but should not be specific to a breed;any dog of any breed can be vicious;it is not the dog itself that is dangerous,but the way it is trained and handled. Kim Bacca,owner of a dog training school,stated that,in 90%of the cases she deals with,the problem is with the owner and not with the dog;keeping a dog muzzled and on a leash all the time will cause the dogs to become dangerous;any breed of dog can attack people if that is the way it is raised. Moved by Reid,seconded by Glover,to refer this matter to the Board of Health for review and recommendation to the Village Board. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. President Mathias declared a recess from 9:05-9:15 P.M. 10038 4/7/97 RESOLUTION#97-14-FY 1997-98 PROGRAM BUDGET Moved by Braiman,seconded by Glover,to pass Resolution#97-14,adopting the FY 1997-98 Program Budget for the Village of Buffalo Grove,in accordance with Mr.Brimm's memo to Mr.Balling of March 18, 1997 and other documentation previously provided and discussed between the staff and the Village Board. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None �./ Motion declared carried. RESOLUTION#97-15-REFUSE SERVICE CONTRACT Moved by Braiman,seconded by Glover,to pass Resolution#97-15,authorizing the execution of Amendments to Residential Scavenger Service Contract between the Village of Buffalo Grove and Waste Management Northwest. Mr.Balling reviewed the proposal,details of which are contained in Mr.Brimm's memo to him of March 10, 1997. Brimm and Mr.Balling then answered questions from the Board. Upon roll call,Trustees voted on the motion: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. RESOLUTION#97-16-OLD CHECKER ROAD Moved by Braiman,seconded by Reid,to pass Resolution#97-16,approving an Agreement for Construction Engineering Services for the Old Checker Road street maintenance project and approving bid waiver and award of bid for this same project,details of which are contained in Mr.Kuenkler's memo to Mr.Balling of March 27, 1997. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. Trustee Marienthal left at this time. AMERICAN HOUSING PARTNERS Barry Ash,attorney for the developer,made a presentation to the Board regarding proposed senior housing at the southeast corner of Busch Parkway and Weiland Road,details of which are contained in Mr.Pfeil's memo to Mr. Balling of April 13, 1997. Jim Perlman,American Housing Partners,referred to several other projects similar to the one proposed here. Dan Lenoble,architect,reviewed the site plan for this proposal. Trustee Rubin stated that he would like to see more handicapped parking facilities;he would like to see covered parking;he is also uncomfortable with the height of the building. Trustee Reid stated that he believes this is far too dense to consider as proposed;he does not believe there should be less parking just because it is geared for senior citizens;there is no provision for guest parking;he thinks anything less than the normal standard for parking would be inadequate;he has a concern with the road and the bike path. 10039 4/7/97 Trustee Braiman agrees with both Trustee Reid and Trustee Rubin;he believes there is more work to be done on this proposal;he thinks the roofline should be made to fit more with the adjacent residential. Trustee Glover also agrees with other comments regarding both parking and density;she has questions with regard to the fmancing for low income housing;she does not think this fits on the property;the Busch Road entrance would not allow for full access. President Mathias polled the Board:"YES"indicates favor of consideration of changing the zoning to residential; "NO"indicates opposition: �•/ YES: Reid,Braiman,Hendricks,Glover NO: Rubin ABSENT: Marienthal President Mathias polled the Board:"YES"indicates favor of consideration of the three-story building;"NO" indicates opposition: YES: Braiman,Hendricks NO: Reid,Rubin,Glover ABSENT: Marienthal President Mathias informed the developer that,if they do decide to come back,the Board wishes to see another pre- application conference. ORDINANCE#97-33-TOWN CENTER Daniel Wolf,attorney representing the developer,made a presentation to the Board,details of which are contained in Mr.Pfeil's memo to Mr.Balling of April 3, 1997. Moved by Braiman,seconded by Rubin,to pass Ordinance#97-33,Twelfth Amendment to the Town Center P.U.D. Ordinance for a medical office for the A.M.G.Medical Group in the Phase I Commercial Building. Trustee Reid stated that he has a problem with this proposal because it is taking commercial space out of business; he believes this is inappropriate. Trustee Rubin stated that he is in favor of the proposal,and believes it will be an indirect benefit to the existing retail users. Trustee Braiman stated that he is in favor of the proposal. Trustee Glover does not have a major problem with this proposal,but she will probably not be in favor of an more office or non-tax uses in Phase I. Upon roll call,Trustees voted as follows on the motion: AYES: 4-Rubin,Braiman,Hendricks,Glover NAYS: 1 -Reid ABSENT: 1 -Marienthal Motion declared carried. ..i 10040 4/7/97 EXECUTIVE MEETING Moved by Reid, seconded by Glover,to move to Executive Meeting to discuss Litigation,Collective Bargaining and Employment Matters. Upon roll call,Trustees voted as follows: AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None ABSENT: 1 -Marienthal Motion declared carried. The Board moved to Executive Meeting from 10:10 P.M.until 11:25 P.M. WARRANT#835 Moved by Hendricks,seconded by Braiman,to approve Warrant#835 minus payment of$455.20 to Vendor 545900(John Marienthal). Upon roll call,Trustees voted as follows: AYES: 5-Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None ABSENT: 1 -Marienthal Motion declared carried. ADJOURNMENT Moved by Reid,seconded by Rubin,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 11:26 P.M. Met M. Sirabian,Village Clerk APPROVED BY ME THIS / DAY OF % , 1997. Villa ent