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1996-08-05 - Village Board Regular Meeting - Minutes 9933 8/5/96 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, AUGUST 5, 1996 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, Hendricks and Glover. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Robert Pfeil, Village Planner; Richard Kuenkler, Village Engineer; Brian Sheehan, Village Health Officer; Police Chief McCann; Deputy Police Chief Voigt; Deputy Police Chief Gozdecki; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Rubin, seconded by Reid, to approve the minutes of the July 15, 1996 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. WARRANT #819 Mr. Tenerelli read Warrant #819. Moved by Hendricks, seconded by Glover, to approve Warrant #819 in the amount of $1,241,730.23 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. II PIC SCHOLARSHIPS President Mathias introduced Mary Pepperl from the Private Industry Council, which is now called Workforce Development Board, who gave a brief background of the organization. Ms. Pepperl stated that the Village of Buffalo Grove raised more than any other municipality, enabling them to increase the number of scholarships to nine. Ms. Pepperl noted the business contributors: Landis & Gyr Powers, Indeck Energy Services Inc. , Colfax Envelope Corporation, Edward Schwartz & Company, Courtesy Corporation, Scarsdale Development, Computer Discount Warehouse, and LaSalle Bank. The scholarship winners were introduced by Ms. Pepperl, who were congratulated by President Mathias and presented with a certificate. Benjamin Simon, Melissa 9934 8/5/96 Simon, Timothy Mah, Eric Madsen, Julia McDermid, Hana Kim, Katie Gold, Laurie Becker and Laura Barwig then thanked that Board and stated their educational plans. TRAIN WHISTL$ President Mathias reported on the latest discussions regarding the ruling on the blowing of train whistles in residential areas; he also invited residents to attend the opening ceremonies for the Wisconsin Central commuter train on August 18, 1996. WALK A MILE President Mathias reported on a program called Walk A Mile In Your Neighbor's Shoes program which is sponsored by the Illinois Coalition for Immigrant and Refugee Protection; he explained the program, and introduced and welcomed his partner in the program. SERVICE AWARDS President Mathias introduced Commander Lester Aradi, Sergeant Steve Balinski, Sergeant Jim Newton, Sergeant Michael Soucy and Officer Ed Szos, who came forward and were congratulated and thanked by the audience and the Board, and presented with gifts for their 20 years of service to the Village. OUESTIONS 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 member of the audience or the Board could request that an item be removed for full discussion; he then read a brief synopsis of each of the items on the Consent Agenda; it was requested that Item XI. , I. be removed from the Consent Agenda. ORDINANCE #96-53 Zoning Variance Moved by Marienthal, seconded by Reid, to pass Ordinance #96-53, Granting a Variance from Section 17.36.030 of the Buffalo Grove Zoning Ordinance permitting a driveway to be widened and exceed the 40W coverage requirement at 2260 Applehill Ct. S. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE #96-54 - Sign Code Moved by Marienthal, seconded by Reid, to pass Ordinance #96-54, Granting a Variance from Section 14.36.010 of the Buffalo Grove Sign Code pertaining to leasing signs. Upon roll call, Trustees voted as follows: 9935 8/5/96 AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE #96-55 - Zoning Variance Moved by Marienthal, seconded by Reid, to pass Ordinance #96-55, Granting a Variance from Section 17.32.020 of the Buffalo Grove Zoning Ordinance permitting an existing shed to remain as constructed on the utility easement at 1042 Harvard Ln. Upon roll call Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE #96-56 - Traffic Moved by Marienthal, seconded by Reid, to pass Ordinance #96-56, Amending Chapter 10 of the Buffalo Grove Municipal Code prohibiting a no left turn onto northbound Easton Ave. From eastbound IL Route 22 between the hours of 6:00 a.m. and 9:00 a.m. weekdays. Upon roll call Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. RESOLUTION #96-43 - Finance Moved by Marienthal, seconded by Reid, to pass Resolution #96043, Appointing American National Bank and Trust Co. Of Chicago as Bond Registrar/Paying Agent for certain Village of Buffalo Grove Corporate Purpose General Obligation Bonds. Upon roll call Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. LOU MALNATI'S RESTAURANT -Acceptance & Approval Moved by Marienthal, seconded by Reid, to Approve a Certificate of Initial Acceptance and Approval: Malnati's Restaurant, 95 S. Buffalo Grove Road - additional parking. Upon roll call Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None V Motion declared carried. LANDIS & GYR - DIA Moved by Marienthal, seconded by Reid, to Approve a Development Improvement Agreement - North Dock Addition for Landis & Gyr. Upon roll call Trustees voted as follows: 9936 8/5/96 AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. BG POLICE HEADQUARTERS - Aesthetics Moved by Marienthal, seconded by Reid, to accept the Appearance Commission Recommendation: Buffalo Grove Police Headquarters Addition, 46 Raupp Blvd. Temporary construction sign. Upon roll call, Trustees voted as follows: i v AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ZIERK'S HOME FURNISHINGS - Aesthetics Moved by Marienthal, seconded by Reid, to accept the Appearance Commission Recommendation: Zierk's Home Furnishings, 650 Lake Cook Rd. - revised ground sign. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. MIDWEST AUTOMATION - Aesthetics Moved by Marienthal, seconded by Reid, to accept the Appearance Commission Recommendation: Midwest Automation, 1400 Busch Parkway - new parking lot with landscaping and lighting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE #96-57 - LIOUOR CONTROLS President Mathias reviewed the proposed ordinance, and the reasons for same. Mr. Raysa also commented on the proposed ordinance and highlighted changes, details of which are contained in his letter to President Mathias of June 28, 1996. Moved by Braiman, seconded by Rubin, to pass Ordinance #96-57, amending Chapter 5.20, Liquor Controls, as it concerns minimum fines and mandatory penalties. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. SMOKING IN PUBLIC PLACES Trustee Rubin reported on the recommendation by the Board of Health regarding the request of the Board to review modification of the current smoking ordinance, details are contained in Mr. Sheehan's memo to Mr. Balling of July 31, 1996. 9937 8/5/96 Lengthy discussion took place with regard to how much restriction the Village should place on restaurants through legislation. President Mathias polled the Board as to whether the ordinance should be left as is, or if the number of seats in a restaurant which would make it mandatory for that restaurant to be non-smoking should be 40, 50, or 60. AS IS: Marienthal, Reid, Hendricks, Glover 60 SEATS: Rubin, Braiman President Mathias polled the Board: "YES" indicates favor of directing staff to prepare a resolution wherein a listing of all restaurants in the Village is made available to the public and disseminated and that on that list there is a notation of which restaurants have protected, non-smoking areas, with stickers available to the restaurants to display indicating that they do have a protected non-smoking area; "NO" indicates opposition: YES: Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NO: None President Mathias polled the Board: "YES" indicates favor of grandfathering current restaurants, but requiring future restaurants built in the Village to have designated protected smoking and non-smoking areas; "NO" indicates opposition: YES: Marienthal, Braiman NO: Reid, Rubin, Hendricks, Glover li Mr. Balling stated that staff will come back with a recommendation for the resolution, and also with regard to a public education program. AT&T FACILITY Mr. Balling reviewed the proposal by AT&T. Anthony Lello, representing AT&T, made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of August 2, 1996. Moved by Braiman, seconded by Reid, to refer the AT&T Personal Communications Facility, west of Plaza at Buffalo Grove to the Plan Commission for review; the minutes of both this meeting and the July 15, 1996 meeting will also be sent to the Plan Commission. Mr. Pfeil stated that there would be a variation allowing for a 58 ° setback rather than 75' . Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. NORTHWEST SUBURBAN JEWISH COM4UNITY CENTER President Mathias stated that he is a member of the Board of Directors of the 9938 8/5/96 Northwest Suburban Jewish CommunityCenter; Mr. Raysa stated that there is no Y direct or indirect conflict of interest caused by holding that position; President Mathias stated that he will chair this discussion, but not take place in any discussion or vote on the issue. Mr. Balling reviewed this issue to date. Mr. Raysa reviewed his opinion on the issue, details of which are contained in his memo to Mr. Balling of July 25, 1996. Alan Palmer, 45 Sundridge Lane, President of the Board of Trustees of the Northwest Suburban Jewish Community Center, made a presentation to the Board. The first issue discussed by Mr. Palmer was what happened with the "middle" playground, and how the parking lot was reconfigured. Mr. Palmer then explained all of the reasons that the playground is in use by the Center from 7:00 A.M. until 6:00 P.M. The playground does receive the greatest amount of use between 8:30 A.M. and 6:00 P.M. , and the Center would be willing to change the signage to reflect those hours. There is concern with regard to safety and security in allowing the general public in the playground area during Center sponsored activities. It was determined that there would be a meeting to try and work out suitable times for the public to use the playground; it appears that the Center is in compliance with the ordinance; the verbiage on the signs to designate the 8:30 A.M. rather than 7:00 A.M. time will be changed as soon as possible. Moved by Braiman, seconded by Reid, to defer action on this issue until staff is ready with a recommendation for the Board. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. WALGREEN'S Mr. Balling reviewed this issue, details of which are contained in Mr. Kuenkler's memo to him of July 31, 1996. Mr. Carter, Dial Companies, stated that they are in receipt of Mr. Kuenkler's memo, and they are working to conclude all those conditions, and they will meet all conditions to the satisfaction of Village staff. President Mathias stated that the Board wants to make sure that all items in Mr. Kuenkler's memo are completed before the plat is recorded. Mr. Raysa stated that the motion can be made subject to completion of requirements in Mr. Kuenkler's memo. Mr. Carter stated that he understood the qualifications. Mr. Kuenkler assured the Board that the plat could not be recorded without County approval. Moved by Braiman, seconded by Hendricks, to approve Final Plat of Subdivision and Attending Conditions - Walgreen's, Lake-Cook and Buffalo Grove Roads, subject to the memo from Mr. Kuenkler of July 31, 1996, with the final sentence in the memo 9939 8/5/96 to be added as the 18th condition for approval. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. POLICE DEPARTMENT - RADIOS/MODEMS Moved by Braiman, seconded by Rubin, to approve bid waiver for Data Radios and Modems for the Police Department, pursuant to the memo from Chief McCann to Mr. Balling of July 10, 1996. Mr. Balling reviewed the reason for the request for bid waiver. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. TOWN PLACE CONDOS Mr. Balling reviewed this item, details of which are contained in Mr. Schar's memo to him of July 31, 1996. Moved by Glover, seconded by Rubin, to uphold the Appearance Commission recommendation to deny Town Place Condos, Building 13 - Balcony changes. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. AUTO LAUNDRY Carl Weiss, 1504 Quail Hollow, explained his objections to the bright yellow band proposed to be on the building, and also explained why he believes the glass and metal exit area will increase the noise heard in areas surrounding the building. John Green, Groundwork Ltd. , responded to Mr. Weiss' comments; he stated that they have continued to meet and exceed all concerns and sensitivities they were asked to address; they will continue to operate on the pledge made to the community and the Board that they will meet, and exceed where possible, all of the conditions that have been laid out for them. I. V The Appearance Commission Chairman stated that the vote was a unanimous decision on approval, and he commented on the discussion; he does not see any cause for concern with regard to sound reflecting from the exit area. With regard to the exit area, Mr. Green stated that this area has always been at the south end of the building, and the footprint is actually shorter than the original plan. 9940 8/5/96 After further discussion, it was moved by Reid, seconded by Glover, to accept the Appearance Commission recommendation for development at the southeast corner of Weiland and Aptakisic Roads - Lot 1; auto laundry - full review including elevations, materials, colors, lighting, landscaping and signs; Lot 2: commercial building - full review including elevations, materials, colors, lighting and landscaping. There was further discussion regarding the pros and cons of this development. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Rubin, Hendricks, Glover NAYS: 2 - Marienthal, Braiman Motion declared carried. EXECUTIVE MEETING Moved by Braiman, seconded by Reid, to move to Executive Meeting to discuss Pending Litigation and 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 9:35 P.M. The Regular Meeting reconvened at 10:10 P.M. ADJOURNMENT Moved by Marienthal, seconded by Reid, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:10 P.M. Jan'ef M. Sirabian, Village Clerk e1 APPROVED BY ME THIS DAY OF , 1996. PIN V' P s' ent