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1997-09-02 - Village Board Special Meeting - Minutes 10099 9/2/97 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 TUESDAY.SEPTEMBER 2.1997 CALL TO ORDER President Mathias called the meeting to order at 7:40 p.m. Those present stood and pledged allegiance to the Flag. ` ROLL CALL V 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 Pfeil, Village Planner;Brian Sheehan,Village Health Officer;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Reid,seconded by Glover,to approve the minutes of the August 18, 1997 Regular Meeting. Trustee Marienthal made two additions to the minutes. Page 10096- Sunrise Assisted Living Center-add the following sentence after the third paragraph: The present zoning is commercial. Page 10097-Town Center-Eagle Foods-add the following sentence after the first paragraph: The present ordinance B-5 does not allow a food store and there would have to be an amendment to the present Development Ordinance. Trustee Reid stated that he did not have any objection to the additions,but noted that the reference to the Town Center is redundant because it is referred to in Mr.Pfeil's memo of August 14, 1997. Upon roll call,Trustees voted as follows: AYES: 4-Marienthal,Reid,Braiman,Glover NAYS: 0-None ABSTAIN: 2-Rubin,Hendricks Motion declared carried. WARRANT#845 Mr. Tenerelli read Warrant#845. Moved by Hendricks,seconded by Marienthal,to approve Warrant#845 in the amount of$1,244,651.70,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. 10100 9/2/97 PROCLAMATION-COMMUNITY PAINT-A-THON President Mathias read a Proclamation declaring September 6, 1997 as Community Paint-A-Thon Day,and encouraged all citizens of Buffalo Grove to applaud these volunteers and their community efforts. APPEARANCE COMMISSION President Mathias appointed Chuck Johnson to the Appearance Commission for a term to expire 4/30/99. Moved by Braiman,seconded by Reid,to concur with President Mathias' appointment. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. BUFFALO GROVE DAYS President Mathias commended the Buffalo Grove Days Committee on another wonderful event,and thanked all of the volunteers involved for their time and effort. GARAGE SALES Trustee Reid requested that staff prepare an ordinance for Board consideration placing a limit on the number of garage sales that any individual household may hold within any calendar year;he suggested that number could be three,and by requiring a free permit from Building&Zoning,staff would be able to monitor that number. There are currently some households effectively running week-end businesses and it places a burden on neighboring households. Mr.Balling stated that staff will prepare an ordinance,and gather further comments from Trustees and also other Northwest Municipal Conference members. PROPANE TANKS Trustee Glover asked for a report from staff regarding the propane tanks at Arlington Heights Road and Route 83. Mr.Balling stated that is currently at the Plan Commission,and a report will be presented shortly. FUTURE AGENDA Mr.Balling reported that there will not be a Regular Meeting on Monday,September 15, 1997,but there will be a Special Meeting on Monday, September 22, 1997. PUBLIC HEARING-CONGREGATION B'NAI SHALOM President Mathias re-opened the Public Hearing at 7:55 P.M.,noting that this Public Hearing was continued from July 21, 1997. Trustee Rubin recused himself from discussions and participation in voting on this item,as he is a member of the Congregation,has been an officer of the Congregation,and has performed legal work for them. Mark Silverberg stated that the Board of Congregation B'nai Shalom has approved the agreement without amendment. Mr.Raysa stated that the draft that is being presented to the Public Hearing is dated 8/28/97;the latest memo regarding Congregation B'nai Shalom is Mr.Pfeil's memo to Mr.Balling of 8/28/97. 10101 9/2/97 President Mathias asked if there was anyone in the audience wishing to comment;there were no comments. Trustee Braiman noted a concern that the Annexation Agreement does not refer to obligations of the Village of Buffalo Grove as far as enforcement on the parcel which is in Long Grove. Mr. Silverberg relayed the steps taken by the Congregation to alleviate any confusion regarding the dual jurisdiction. At 8:05 P.M.,President Mathias continued the Public Hearing until the ordinances are considered later on in this agenda. PUBLIC HEARING-PRE-ANNEXATION AGREEMENT O GR EMENT 14669 W.COLUMBUS PARKWAY V President Mathias read from the Notice of Public Hearing published in the Daily Herald on August 18, 1997;he opened the Public Hearing at 8:06 P.M. Mr.Balling reviewed the request of the petitioner,details of which are contained in Mr.Pfeil's memo to him of August 18, 1997. President Mathias asked if there was anyone in the audience representing the petitioner,or anyone wishing to comment;there was no response from anyone in the audience. In answer to a question from Trustee Rubin,Mr.Raysa stated that the Village would have no exposure if service was not provided. Mr.Balling stated that staff will bring an aerial photo to the Board to be sure that everything necessary is being included so that it is all taken care of at once. Trustee Marienthal stated that he would like to recommend that a donation be made to the Buffalo Grove Park District. Trustee Braiman stated that he does not see a need for a donation to the Buffalo Grove Park District since these people will be making use of the Wheeling Park District and under the jurisdiction of the Wheeling Park District. Further discussion on this followed,and it was determined to withdraw the request. President Mathias asked if there were any further comments from the audience or the Board;there were none. Mr.Balling stated that he would like to the continue this Public Hearing so that the petitioner would have an opportunity to comment. At 8:27 P.M.,President Mathias continued the Public Hearing until the September 22, 1997 Special Meeting. OUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience. Karen Purvis of the Animal Protection Institute stated that she supports the language in the dangerous and potentially dangerous animal ordinances,but stated that there should be a clarification as to the location that the person was attacked. Steve Wernikoff stated that more and more communities are considering breed specific laws;there was another attack in Wauconda this week-end. 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. Trustee Reid recused himself on Item I. Moved by Marienthal seconded by Hendricks to approve the Consent Agenda. 10102 9/2/97 ORDINANCE#97-62-Surplus Property Motion to approve Ordinance#97-62,Authorizing the Disposal of Surplus Village Personal Property. ORDINANCE#97-63-Zoning Variance Motion to approve Ordinance#97-63,Granting a Variance from Section 17.48.020.F.5.a allowing for the reduction of a front yard setback from 50'to 25'at Lots 39-46 Covington Corporate Center Unit 1 and to allow parking within the 25'setback. ORDINANCE#97-64-Sign Code Variance Motion to approve Ordinance#64,Granting a Variance from Section 14.40.145 of the Buffalo Grove Sign Code allowing for the installation of a off-premises sign on Barclay Boulevard for Landis and Staefa inc., 1000 Deerfield Parkway. ORDINANCE#97-65-Vehicles&Traffic Motion to approve Ordinance#97-65,Amending Chapter 10.18 of the Municipal Code,Vehicles and Traffic. ORDINANCE#97-66-Liquor Controls Motion to approve ordinance#97-66,Amending Chapter 5.20,Liquor controls issuing a Class A liquor license for, Las Palmas Restaurant,Inc. 86 W. Dundee Road.,and rescinding a Class A liquor license issued to Bilbao,Inc. d/b/a Chef Tony's of Spain. CERTIFICATE OF ACCEPTANCE&APPROVAL-Courtesy Corp. Motion to Approve a Certificate of Initial Acceptance and Approval-Courtesy Corporation Lots 45-51 and 142- 144. AWARD OF BID-Golf Course maintenance equipment Motion to Award the Bid-Maintenance equipment for Buffalo Grove Golf Course Operations. AUTHORIZE TO BID-Parkway Tree Replacement Motion to Authorize to Bid-FY1997 Parkway Tree Replacements. FEE WAIVER-Kingswood Methodist Church Motion to Approve a Fee Waiver-Sign Permit and Hearing fee,Kingswood United Methodist Church. FEE WAIVER-Carlson Chiropractic Motion to Approve a Fee Waiver-Raffle for"Make a Wish Foundation"by Carlson Chiropractic,Ltd.,400 w. Dundee Road. Upon Roll Call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. 10103 9/2/97 ORDINANCE#97-67-CONGREGATION B'NAI SHALOM Trustee Rubin again recused himself from this discussion and vote. Moved by Reid,seconded by Braiman,to pass Ordinance#97-67,approving an Annexation Agreement for the Congregation B'nai Shalom parcel at 701 W.Aptakisic Road. Upon roll call,Trustees voted as follows: AYES: 5 -Marienthal,Reid,Braiman,Hendricks,Glover NAYS: 0-None `./ RECUSE: 1 -Rubin Motion declared carried. ORDINANCE#97-68-CONGREGATION B'NAI SHALOM Moved by Reid,seconded by Braiman,to annex the Congregation B'nai Shalom parcel to the Village of Buffalo Grove.. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Braiman,Hendricks,Glover NAYS: 0-None RECUSE: 1 -Rubin Motion declared carried. ORDINANCE#97-69-CONGREGATION B'NAI SHALOM Moved by Reid,seconded by Braiman,to amend the Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it concerns the Congregation B'nai Shalom property. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Braiman,Hendricks,Glover NAYS: 0-None RECUSE: 1 -Rubin Motion declared carried. President Mathias closed the Public Hearing at 8:40 P.M. ANIMAL CONTROL ORDINANCE At 8:40 P.M.,the Board moved to a Workshop session to discuss the proposed Animal Control Ordinance. Issues discussed during this session are contained in Mr. Sheehan's memo to Mr.Balling of August 28, 1997. Staff will consider the discussion by the Board this evening,and bring the proposed ordinance back before the Board at the September 22, 1997 meeting for a fmal vote. President Mathias asked that staff notify everyone involved in this topic that a fmal vote will be taken on the proposed ordinance on September 22, 1997. EXECUTIVE MEETING Moved by Rubin,seconded by Reid,to move to Executive Meeting to discuss Pending Litigation. 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 9:40 P.M. At 10:11 P.M.,it was moved by Reid,seconded by Glover,to return to the Regular Meeting. Upon roll call,Trustees voted as follows: 10104 9/2/97 AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. ADJOURNMENT Moved by Rubin,seconded by Reid,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:11 P.M. 1 net M. Sirabian,Village Clerk APPROVED BY ME THIS AY OF 1997. V. s'