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1995-06-19 - Village Board Regular Meeting - Minutes 9723 6/19/95 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, JUNE 19, 1995 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 Roll call indicated the following present: President Mathias; Trustees Marienthal, Reid, Rubin, Braiman, and Glover. Trustee Hendricks was absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; Phil Versten, Administrative Assistant; Frank Hruby, Director of Building & Zoning; Robert Pfeil, Village Planner; Rob Giddens, MIS Director; Deputy Fire Chief Weiser; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Reid, seconded by Rubin, to approve the minutes of the June 5, 1995 Regular Meeting. Upon roll call, Trustees voted as follows on the motion: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. WARRANT #792 Mr. Tenerelli read Warrant #792. Moved by Marienthal, seconded by Braiman, to approve Warrant #792 in the amount of $1,291,175.64 authorizing payment of bills listed. 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 DAYS President Mathias appointed Ron Dettman as 1995 Vice Chair on the Buffalo Grove Days Committee. Moved by Rubin, seconded by Reid, to concur with President Mathias' appointment. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. JOINT COMMISSION ON AGING President Mathias appointed Laura Werner and Steven Perlis to the Buffalo Grove Joint Commission on Aging for terms to expire 4/30/96. Moved by Braiman, seconded by Reid, to concur with President Mathias' appointments. Upon roll call, Trustees voted as follows: 9724 6/19/95 AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. COMMENDATION President Mathias asked Tammy Renda to come forward, at which time he read a Commendation recognizing her achievement as IHSA AA Shotput Champion; he then presented the Commendation to her as she was congratulated by the audience and the Board. RESPITE CARE PROGRAM Susan Gottlieb, a member of the Commission of the Residents with Disabilities, presented a brief history of the Commission. President Mathias then read Commendations to be presented to Laura Renz, Meg Roop, Mary Korta, Wendy Kosikov, Toni Kolhoff and Kathy Cannizet for their involvement in the Respite Care program. Trustee Rubin explained that the waiting list for respite care from other agencies is very long, therefore, the assistance offered by these volunteers is extremely valuable, and he extended his personal appreciation to them. BIKE HELMET LAW Trustee Rubin reported on the follow up meeting of the committee since the last Village Board meeting. It appears that the Board is still evenly split on this issue, and Principal Mason will meet with President Mathias, after which there will be a report from President Mathias to the Board. MANAGEMENT REPORT Mr. Balling noted the submittal of the Management Report for May, 1995, after which he answered questions from the Board on same, particularly in reference to the Strathmore Center. OLD ARLINGTON HEIGHTS ROAD SIDEWALK Mr. Balling reported that work on the Old Arlington Heights Road sidewalk is scheduled for this year, and School District 214 has agreed to contribute to this project. PUBLIC HEARING - TWIN RINK ICE PAVILION President Mathias opened the Public Hearing at 8:05 P.M. and read from the Notice of Public Hearing published in the Daily Herald on June 1, 1995. President Mathias swore in the following people to give testimony: Marc Schwartz, Batler and Schwartz; Gary Benjoya, Gary Pivar, Bruce Weinberg, Ice Associates; Jerry Krewer, Krewer & Associates; David Cox, Spaceco, Inc. , and William Reifsteck, Alter Design Builders. Mr. Schwartz presented a general description of the request of the petitioner. Mr. Reifsteck then made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of June 15, 1995; he referred to the following exhibits: 9725 6/19/95 Exhibit A - Site Plan dated 4/6/95 Exhibit B - Rendering Exhibit C - Elevations Exhibit D - Landscaping Mr. Krewer, operations manager of the rinks, outlined the proposed uses for the property, hours, and activities, referring to Exhibit G. President Mathias asked if there were any other agencies wishing to comment; there were none. Several residents spoke in favor of the proposal, stating that this would be an asset to the community; a hockey program is missing in the Village; activities are needed for young people in the community; there were no negative comments from residents. Trustee Reid referred to some of the points raised in Mr. Pfeil's memo; Mr. Schwartz responded to Trustee Reid's questions. Trustee Reid stated that he is concerned about the lack of certain materials being ready at this time; all materials must be in the hands of the Board well in advance of the July 10, 1995 meeting when this proposal is scheduled to again be presented to the Board. In answer to a question from Trustee Rubin, Mr. Reifsteck reviewed the adjoining land uses; he confirmed that the adjoining properties on Weiland are rear yards. In answer to a question from Trustee Braiman, Mr. Schwartz reviewed the requested variations. Mr. Reifsteck then pointed out the requested variations on the plan. Trustee Marienthal asked about the financing situation; Mr. Schwartz stated that he has been informed by his clients that they do have a loan commitment. It is hoped that the facility would be ready for use early next spring. Mr. Schwartz stated that he has several issues to address, all relating to the Annexation Agreement. The loop road has been discussed for many years, and will be implemented if this proposal is developed; it is very expensive, and most of the cost will fall on this petitioner. Mr. Schwartz stated that they would be requesting waiver of the annexation fee, since in Buffalo Grove, when a commercial or industrial establishment makes substantial public improvements for the public benefit, consideration is given to the waiver of the annexation fee. They believe their contribution to the above mentioned loop road system would entitle them to a waiver of the annexation fee. The second issue is the proposed traffic signal at Thompson Boulevard; the petitioner is asking for some relief from the cost of the traffic signal. The third issue relates to recapture fees from the water mains from the Old Farm Development. There is also dedication of roadway on Weiland Road as a right of way. The last issue is the fire impact fee and the engineering fees. The developer is not asking for waiver of all of the above fees, but they are asking for assistance and some relief from the Village. Mr. Balling stated that waiver of the annexation fee is not inconsistent with Board policy; he reviewed the purpose of the annexation fee. 9726 6/19/95 President Mathias polled the Board: "YES" indicates favor of waiving the annexation fee; "NO" indicates opposition: YES: Marienthal, Reid, Rubin, Braiman, Glover NO: None ABSENT: Hendricks Mr. Balling reviewed the situation with regard to the traffic signal on Thompson; he then answered questions from the Board. Trustee Reid stated that, although this is a substantial amount of money for the developer, he believes it is something that will be required. Mr. Balling stated that staff can present options to the Board in terms of the Village bearing a proportion of this cost. Trustee Braiman agreed with Trustee Reid; he would like to see options presented at the next meeting. In answer to a question from Trustee Glover, Mr. Balling stated that the Village has not previously participated in signals with private enterprise on a property to be annexed, but it has been done on existing signal installations. President Mathias polled the Board: "YES" indicates favor of giving staff direction to try to negotiate what the fee will be for the traffic signal; "NO" indicates that the developer should pay the entire signal fee as presented in the memo: YES: Marienthal, Reid, Rubin, Braiman, Glover NO: None ABSENT: Hendricks Mr. Balling reviewed the recapture fees, and roadway dedication. President Mathias polled the Board: "YES" indicates favor of negotiating any relief from the Weiland Road dedication or the recapture fees; "NO" indicates favor of keeping it as is: YES: None NO: Marienthal, Reid, Rubin, Braiman, Glover ABSENT: Hendricks Mr. Balling stated that engineering fees are by ordinance and have never been waived. President Mathias polled the Board: "YES" indicates favor of giving staff direction to negotiate modification of the engineering fees; "NO" indicates favor of keeping it as is: YES: None NO: Marienthal, Reid, Rubin, Braiman, Glover ABSENT: Hendricks Mr. Balling briefly reviewed the fire impact fee, which will also be put in memo form for the Board. President Mathias polled the Board: "YES" indicates favor of directing staff to negotiate a lower fire impact fee; "NO" indicates favor of keeping it in the agreement as is: tl 9727 6/19/95 YES: None NO: Marienthal, Reid, Rubin, Braiman, Glover ABSENT: Hendricks Trustee Rubin stated that, in answer to comments from residents stating that there needs to be more recreational facilities in the Village, there is a difference between the Village and the Park District; the Park District has come before the voters proposing more recreational facilities and the proposals have failed; if the voters say no, private industry must step in. Mr. Raysa stated that the Public Hearing tonight is being held on that certain draft Annexation Agreement dated 6/15/95 entitled "Twin Rinks Ice Pavilion" . At 9:02 P.M. , President Mathias continued the Public Hearing until July 10, 1995. 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 member of the audience or the Board could request that an item be removed for full discussion; there were no such requests; he then read a brief synopsis of each of the items on the Consent Agenda. ORDINANCE #95-59 - Prevailing Wages Moved by Braiman, seconded by Reid, to pass Ordinance #95-59, Concerning Prevailing Wages in the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. ORDINANCE #95-60 - Liquor Controls Moved by Braiman, seconded by Reid, to pass Ordinance #95-60, Amending Chapter 5.20 Liquor Controls. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. ORDINANCE #95-61 - Liquor Controls Moved by Braiman, seconded by Reid, to pass Ordinance #95-61, Amending Chapter 5.20 Liquor Controls. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. 9728 6/19/95 RESOLUTION #95-47 - Investment Account Moved by Braiman, seconded by Reid, to pass Resolution #95-47, Authorizing an investment account with Mesirow Financial Inc. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried RESOLUTION #95-48 - Churchill Lane Conveyance Moved by Braiman, seconded by Reid, to pass Resolution #95-48, Conveying ownership to Churchill Lane Unit 1 Outlots B, C, and E. to the Buffalo Grove Park District. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried CHURCHILL LANE TRUSTEE'S DEED Moved by Braiman, seconded by Reid, to accept the Trustee's Deed - Churchill Lane Unit 1, Outlots A,B,C, and E. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. RELICS OF OLDE PROPERTY Moved by Braiman, seconded by Reid, to approve the Final Plat of Subdivision/Offsite WAtermain Easement and Development Improvement Agreement - Relics of Olde Property, McHenry Road. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. ORDINANCE #95-62 - MERIDIAN SCHOOL PARKING Moved by Braiman, seconded by Rubin, to pass Ordinance #95-62, amending Title 10 of the Buffalo Grove Municipal Code to provide for temporary weekday morning parking restrictions for the streets near Meridian School. Trustee Reid stated that he supports the proposed ordinance, but he has the same reservations as with parking restrictions around Buffalo Grove High School; he does not think a restriction should be put upon residents because of a parking problem that is being created by a school district that is allowing more students to drive than they have the capacity to accommodate; he believes the Village needs to work with the school districts to come up with a solution. Trustee Rubin agrees with Trustee Reid's comments in principle, although this is a unique situation; he does not like restricting parking of residents. 9729 6/19/95 Upon roll call, Trustees voted follows: AYES: 5 - Mareinthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. V ORDINANCE #95-63 - UPTOWN JUDO CLUB Moved by Glover, seconded by Rubin, to pass Ordinance #95-63, an ordinance amending the Buffalo Grove Zoning Ordinance to provide a Special Use in the Industrial District at the Rogers Commerce Centre, 1616 Barclay Boulevard to accommodate the Uptown Judo Club; details of this ordinance are contained in Mr. Pfeil's memo to Mr. Balling of June 14, 1995. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. The petitioners thanked the Village for their support and cooperation. RESOLUTION #95-49 - FIRE PROTECTION AGREEMENT Moved by Rubin, seconded by Braiman, to pass Resolution #95-49, authorizing the execution of a service contract between the Village of Buffalo Grove and the Countryside Fire Protection District. Mr. Balling explained the proposed agreement, details of which are contained in Mr. Brimm's memo to him of June 7, 1995. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. RESOLUTION #95-50 - LANDSCAPE COVENANT Mr. Balling reviewed this issue, details of which are contained in his memo to the Board of June 1, 1995. James Murray, representing the petitioner, stated that he does not believe there is great merit to be gained from the perpetuation of this covenant; he has advised his client that it would be appropriate for him to consider relieving the Village of the responsibilities associated with the direct prosecution in this matter; he believes the only element that was associated with the prosecution of the permit action was that encountered by Mr. Sandler. There was discussion as to exactly what costs were directly attributable to this violation. President Mathias polled the Board: "YES" indicates favor of the figure of $404.56 to be charged to Mr. Raef; "NO" indicates opposition: YES: Marienthal, Reid, Rubin, Braiman, Glover NO: None ABSENT: Hendricks I 9730 6/19/95 Moved by Marienthal, seconded by Braiman, to pass Resolution #95-50, amending a landscape covenant for 125 Pauline Avenue, subject to the payment of the $404.56. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. AWARD OF BID - HOLMATRO RESCUE TOOL Mr. Balling reviewed this proposal, details of which are found in Chief Allenspach's memo to him of June 5, 1995. Moved by Rubin, seconded by Reid, to award bid for Holmatro Rescue Tool to D & R Rescue Equipment for $39,532.00. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. AWARD OF BID - GWV TRUCK Mr. Balling reviewed this proposal, details of which are contained in Mr. Rigsby's memo to him of June 13, 1995. Moved by Rubin, seconded by Reid, to award bid for 32,000 GWV Truck to Freund International for a cost not to exceed $73,765.00. 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 RAIL STATION Mr. Szymborski reviewed this proposal, details of which are contained in Mr. Weyrauch's memo to Mr. Balling of June 14, 1995. Moved by Rubin, seconded by Reid, to award bid for the Buffalo Grove Rail Station as recommended by staff to various sub-contractors. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. ZBA APPEAL - 901 HIGHLAND GROVE DRIVE President Mathias reviewed the background of this issue, details of which are contained in Mr. Hruby's memo to Mr. Balling of May 31, 1995. Petitioners Arthur and Marcy Rubin, 901 Highland Grove Drive explained to the Board the reason for their appeal. Mr. Rubin met with Mr. Kuenkler and they came up with a plan which addressed the line of site safety issue, and improved the line of site; the proposal labeled Exhibit K is the one that was voted upon at the second ZBA session. The new proposal is the one that has the notation 9931 6/19/95 "fence 5' from sidewalk with angle" . Mr. Rubin explained the changes. Mr. Rubin stated the main reason for appealing this evening was because he felt the ZBA stated that it was an appearance issue rather than a safety issue. No representative from the ZBA was present. Moved by Braiman, seconded by Reid, to overturn the decision of the ZBA and allow the variation, in accordance to what is called Exhibit K, the new proposal where the fence would angle at a point of approximately 15' from the sidewalk at approximately a 45 degree angle. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. Trustee Rubin stated that he is disappointed that the ZBA is not represented tonight; it is very rare for the Board to overturn a unanimous ZBA decision; the Board relies heavily on what the advisory commissions recommend. COMBINED TRAINING FACILITY Mr. Balling reviewed the proposed purchase, details of which are contained in Chief Allenspach's memo to him of June 12, 1995. Moved by Rubin, seconded by Reid, to approve bid waiver and authorization to purchase Swede Flashover Trainer for the combined training facility. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. SHELL OIL FACILITY AND OFFICE BUILDING Sanford Stein, representing Shell Oil, reviewed the meetings they have had with homeowners groups since they last appeared before the Board. Ted Johnson, Thompson Dyke & Associates, reviewed the changes to the plan since the last meeting, details of which are contained in Mr. Pfeil's memo to Mr. Balling of June 15, 1995. President Mathias stated that he appreciates the fact that Shell representatives did meet with the residents. Trustees commented on the suggested closing of Fremont Way, the traffic flow in general, the projected timetable for construction of the office building, and hours of operation. Moved by Reid, seconded by Rubin, to defer action on this proposal until after Shell representatives have again met with residents. It was noted that the Board has a legal responsibility to the petitioner to give them the opportunity to present the best plan possible. Several residents spoke regarding this development, noting that the single family residents need to be included in the meetings with Shell representatives; they are concerned about safety issues; they would like to see a park on this land; 9732 6/19/95 they are concerned about the noise and safety issues that would be created by tanker trucks coming in and out every day. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Reid, Rubin, Braiman, Glover NAYS: 1 - Marienthal* ABSENT: 1 - Hendricks Motion declared carried. *The reason for Trustee Marienthal's "Nay" vote was that the question should be called because sufficient documentation had already been presented. ADJOURNMENT Moved by Reid, seconded by Braiman, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:25 P.M. JanM. Sirabian, Village Clerk APPROVED BYME� IS ( 7i/ D•Y 9F `-i 14 - , 1995. 4401104r . ------- Villa' si n -