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1995-07-17 - Village Board Regular Meeting - Minutes 9744 7/17/95 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, JULY 17, 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, 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; Rob Giddens, MIS Director; Richard Kuenkler, Village Engineer; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Marienthal, seconded by Rubin, to approve the minutes of the July 10, 1995 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSTAIN: 2 - Reid, Hendricks Motion declared carried. WARRANT #794 Mr. Tenerelli read Warrant #794. Moved by Hendricks, seconded by Braiman, to approve Warrant #794 in the amount of $1,446,876.24 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. BOARD OF HEALTH President Mathias appointed Dr. John S Fox to the Board of Health for a term to expire 4/30/96. Moved by Braiman, seconded by Reid, to concur with President Mathias' appointment. Upon roll call, Trustees voted as follow: l / AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. BLOOD DONOR COMMISSION President Mathias appointed Nancy Nichols as Vice Chair to the Blood Donor Commission. Moved by Reid, seconded by Hendricks, to concur with President Mathias' appointment. Upon roll call, Trustees voted as follows: 9745 7/17/95 AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. RESOLUTION #95-51 - DEPUTY FIRE MARSHAL DOMINIC SAVIANO l Moved by Marienthal, seconded by Hendricks, to pass Resolution #95-51, commending v retiring Deputy Fire Marshal Dominic Saviano for his years of service to the Village. President Mathias then read the resolution which will be presented to Mr. Saviano at a testimonial dinner. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. DAILY HERALD REPORTER President Mathias introduced Bob McKee as the new reporter for the Daily Herald, and welcomed Mr. McKee to the Village. SIX MONTH REPORT ON GOLF OPERATIONS Mr. Balling introduced the six month report on Golf Operations. Mr. Brimm then highlighted said report, details of which are contained in his memo to Mr. Balling of July 10, 1995. MANAGEMENT REPORT Mr. Balling noted the submission of the Management Report for June, 1995; there were no questions on same. ROAD CONSTRUCTION Mr. Balling brought the Board up to date on local road construction projects. PUBLIC HEARING - TWIN RINK ICE PAVILION President Mathias opened the Public Hearing at 7:55 P.M. It was noted that not all outstanding items and documentation are ready at this time, and that the Public Hearing should be continued until August 7, 1995. Mr. Schwartz, representing the developer, stated that he is in possession of executed petitions on behalf of Ice Associates. At 7:56 P.M. , President Mathias continued the Public Hearing until August 7, 1995. BRANDYWYN LANE TRAFFIC President Mathias asked if there was any objection to moving this item (XIV. A. ) to this portion of the agenda since there are a number of residents present to address the issue; there were no objections. Staff's assessment of this situation is contained in Mr. Balling's memo to the Board of July 13, 1995. 9746 7/17/95 David Grobart, 1147 Brandywyn Lane, presented petitions from area residents asking the Board to lower the speed limit on Brandywyn Lane from 30 MPH to 25 MPH, and to install STOP signs to discourage speeding on Brandywyn Lane between Busch Parkway, Aptakisic and Buffalo Grove Road; a child on a bicycle was recently hit by a car; there is frequent property damage; there is an elementary school on Brandywyn; he stated that residents believe the Police Department is trying to control the situation, but the 30 MPH speed limit makes it impossible to control the speed. Donald Pike, 1481 Brandywyn, lives across the street from Prairie School; he has six year old children, and it is difficult to walk them across the street because of the speed of the traffic; there should be a STOP sign at the site of the elementary school. Claire Evans, 1299 Brandywyn, stated that she called the Village 4 or 5 years ago about the danger of this situation; her children cannot play in the front yard because of the blind curve at that site; she believes there should be more radar patrols on Brandywyn. Jim Lovejoy, 1243 Brandywyn, has lived at this location for nine years, and in that time, the traffic has increased in speed and recklessness; he also stated that the Police Department is very good about responding to reports of speeding, but it only slows people down while the Police are sitting there; he has seen numerous situations where children were almost hit by cars. Robin Weiss, 251 Thompson, stated that he was here six months ago asking for similar restrictions on Thompson, and he has not heard from anyone yet; he believes the Village needs to evaluate the entire policy with regard to speed limits, particularly when the Ice Rink is built; he believes there needs to be a standard policy. lomml Mr. Balling stated that staff is evaluating the speed limits, but there needs to be a sufficient time limit to get a reliable study; the final report on collector street speeds is expected in September. Trustee Rubin agrees that this is becoming a significant problem, even with the additional enforcement; he believes the issue near Prairie School is more of a visibility issue than a speeding issue, and he believes the Village needs to look again at a STOP sign at that location. Trustee Reid asked for clarification with regard to a report from the Police Department that they have received complaints from area residents about the excessive police presence and speed enforcement, which is contradictory to what residents are stating tonight. President Mathias stated that every effort will be made to notify residents of the meeting in September when the collector streets in general will be on the agenda; any resident present tonight wishing to be notified should give Mr. 1 Szymborski their name and address. V 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. A. be removed from the Consent Agenda. 9747 7/17/95 ORDINANCE #95-72 - Declaration of Trustee Moved by Marienthal, seconded by Rubin, to pass Ordinance #95-72, An ordinance approving and authorizing execution of a Declaration of Trustee (Illinois Metropolitan Investment Trust. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover v NAYS: 0 - None Motion declared carried. RESOLUTION #95-52 - Appoint Trustee Moved by Marienthal, seconded by Rubin, to pass Resolution #95-52, A Resolution authorizing William Brimm to serve as Trustee of the Illinois Metropolitan Investment Fund. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. RESOLUTION #95-53 - Wheeling Fire Protection District Moved by Marienthal, seconded by Rubin, to pass Resolution #95-53, Accepting the 1995-96 Service Contract with the Wheeling Rural Fire Protection District. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. BUFFALO GROVE POLICE PENSION FUND - Annual Report Moved by Marienthal, seconded by Reid, to Accept the Report of Condition for the Buffalo Grove Police Pension Fund. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. BUFFALO GROVE FIRE PENSION FUND - Annual Report Moved by Marienthal, seconded by Reid, to Accept the Report of Condition for the Buffalo Grove Fire Pension Fund. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ACTUARIAL REPORTS Moved by Marienthal, seconded by Reid, to Accept the Hewitt Associates Actuarial Reports for both the police and fire pension funds. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. 9748 7/17/95 BOSTON MARKET Moved by Marienthal, seconded by Reid, to Approve the Certificate of Initial Acceptance and approval for Boston Market. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. TETRA REX - Aesthetics Moved by Marienthal, seconded by Reid, to accept the Appearance Commission Approval: Tetra Rex Packaging System, 909 Asbury Dr. - back lighting of existing wall signs. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. RELICS OF OLDE - Aesthetics Moved by Marienthal, seconded by Reid, to accept the Appearance Commission Approval: Relics of Olde, McHenry Road - Street tree landscaping plan. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. ORDINANCE #95-73 - MADISON DRIVE PARKING Mr. Balling reviewed this issue, details of which are contained in Mr. Kuenkler's memo to him of July 12, 1995. Gail Croft, 1410 Madison Drive, stated that the problem is seasonal, and that it only involves soccer games; there are no baseball problems; she suggested posting NO SOCCER PARKING signs, rather than restricting residents from parking in front of their homes at all times. Janice Nelson, 1409 Madison Drive, stated that she believes the problem is related to the league soccer games; she has brought up the parking with the Park District; there is a league of adult men that play there on week-ends, and their behavior is unacceptable; she does not believe that allowing parking on one side of the street will help the problem. Harvey Rabin, 1402 Madison Drive, lives directly across the street from the park, and has many cars parked in front of his house during a league game; he asked that parking be restricted between 1400 and 1406; there is a blind curve at this location; cars pull into their driveways and on their lawns to turn around. Mike Ludwig, 1412 Madison Drive, stated that everyone recognizes that there needs to be some type of parking restriction, but residents do not want to be inconvenienced year round when the problem is not year round; they believe parking should be allowed on the east side of Madison in the area adjacent to the retention pond where there are no homes; parking restrictions only during games would be the solution. Ira Syncheff, 1404 Madison Drive, stated that they do not want parking denied on the whole street, but there is a problem on the curve. 9749 7/17/95 Trustee Glover stated that the biggest concern the Village has is safety and allowing emergency vehicles to get through; she pointed out that sporadic parking restrictions would be very difficult for the Police Department to enforce. Trustee Marienthal stated that there should be discussions with the Park District as well as further comments from staff. Trustee Reid stated that he has a problem with this proposal because of the Village again being called upon to correct a problem created by another public entity; he believes the Board needs more information about this area; he is disappointed that the Park District is not present to help solve this problem; he does not think this is ready for action tonight. Trustee Rubin stated most of what he wanted to say; he does believe action should be taken because of the accessibility of emergency vehicles; he believes that action should be directed at the hours when problems are occurring. Trustee Braiman also believes action should be taken tonight; the difficulty in restricting parking to "during games" is in determining what constitutes a "game"; he suggests restricting parking from 1400 to 1408 on week-ends from April through November; he thinks a more active approach needs to be taken with the Park District. Trustee Hendricks agrees with Trustee Braiman; he believes the residents are giving mixed signals; the situation must be dealt with, and he agrees with week- end restrictions to begin with, subject to modification after a period of study; the park is a public park, and anyone has a right to use it. Trustee Glover also pointed out that, even if one member of a "pick-up" game is a resident of Buffalo Grove, those residents have a right to use the park. Trustee Marienthal agrees with Trustee Braiman in the addresses to be affected; he believes Fridays should also be included in the "week-end" . President Mathias polled the Board: "YES" indicates favor of approving the ordinance proposed by staff; "NO" indicates opposition: YES: None NO: Marienthal, Reid, Rubin, Braiman, Hendricks, Glover President Mathias polled the Board: "YES" indicates favor of Saturday/Sunday restrictions only; "NO" indicates opposition: YES: Marienthal, Rubin, Braiman, Hendricks, Glover NO: None UNDECIDED: Reid President Mathias polled the Board as to preference for year round restrictions or just April through November: YEAR ROUND: Marienthal APRIL THROUGH NOVEMBER: Reid, Rubin, Braiman, Hendricks, Glover President Mathias polled the Board: "YES" indicates favor of 8:00 A.M. to 8:00 P.M. restrictions; "NO" indicates opposition: YES: Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NO: None 9750 7/17/95 President Mathias polled the Board: "YES" indicates favor of parking restrictions on the west side of Madison between the 1336 and 1422, as presented in the sketch from staff; "NO" indicates opposition: YES: Marienthal, Reid, Rubin, Hendricks, Glover NO: Braiman Moved by Rubin, seconded by Hendricks, to amend Title 10 of the Buffalo Grove Municipal Code establishing a limited No Parking from 1336 to 1424 Madison Drive on Saturdays and Sundays between the hours of 8:00 A.M. and 8:00 P.M. from April through November. Upon roll call, Trustees voted follows: AYES: 5 - Marienthal, Rubin, Braiman, Hendricks, Glover NAYS: 1 - Reid Motion declared carried. PARKCHESTER ROAD PARKING RESTRICTION Moved by Marienthal, seconded by Hendricks to pass Ordinance #95-74, amending Title 10 of the Buffalo Grove Municipal Code establishing a limited No Parking zone on Parkchester Drive, details of which are contained in Mr. Kuenkler's memo to Mr. Balling of July 11, 1995, as well as in Mr. Balling's memo to the Board od July 14, 1995. Trustee Reid again stated that the Village Board is dealing with park problems without the Park District present; he will not vote in favor of this ordinance; he believes the Park District needs to be involved. Trustee Braiman agrees with Trustee Reid; in this instance, he believes the proposed ordinance would leave no place for people to park. Joe Novak, 400 Parkchester, stated that the parking problem is an every day occurrence, not just a week-end problem; he agrees that the Park District needs to be involved; he does not believe this is an ultimate solution, but he would request that the Board consider the ordinance tonight; he would like the Village to consider allowing parking on Weiland Road, and that the speed limit on Weiland be lowered. Susie Todd, 425 Parkchester, stated that her lot is on the entire curve, and she believes the only solution is a parking lot. Trustee Glover agrees with Trustee Reid with regard to the Village having to correct parking problems created by parks being built with inadequate parking; she would support this only because of the recommendation from the Police and Fire Departments; it is critical that emergency vehicles be able to get through. Upon roll call, Trustees voted as follows on the motion: AYES: 1 - Marienthal NAYS: 5 - Reid, Rubin, Braiman, Hendricks, Glover Motion defeated. It was requested that Village and Park District staffs meet, and perhaps Village and Park District Boards meet, to discuss these situations that continue to arise. TOWN CENTER - THEATERS/RETAIL SPACE Mr. Balling introduced this issue and reviewed the request of the developer, details of which are contained in Mr. Pfeil's memo to Mr. Balling of July 17, 1995. 9751 7/17/95 Marc Schwartz, attorney representing the developer, introduced John Collins, traffic engineer; Greg Kreegar, Simon Property Group; and Bob Dinsmore, Simon Property Group. Mr. Schwartz stated that he distributed revisions of the plan to the Village Manager; he also distributed a revision of the plan legend consisting of two pages, the_ first entitled Phase I & Phase II, and the second page begins with "Total Parking Provided" . Mr. Schwartz apologized for the late distribution; the plan in the packets is incorrect, but it is incorrect because there is actually more parking than originally shown. Mr. Collins reviewed the documents referred to by Mr. Schwartz with regard to the parking spaces and the shared parking. Trustee Reid expressed concern and dissatisfaction about being presented with materials at the dias that the Board is expected to act upon; the Board should have time to review this material; there are still problems with this plan because some of the areas that are being indicated for parking do not appear to be adequate for parking. Moved by Reid, seconded by Hendricks, to table this item until the next meeting. Mr. Schwartz stated that he would be happy to entertain any questions that Trustee Reid may have; the information provided changed the parking counts favorably so that 57 additional spaces are available; that is the only information that is different. Trustee Reid stated that the information provided today did provide more information than a change in the count of parking spaces; the numbers do not tie together. Trustee Braiman stated that, if this is tabled, the Board should give the developer the direction of exactly what questions they want answered. Mr. Balling stated that staff believes the exhibit placed on the dias will meet the requirements for Phase I, although Trustee Reid's comments regarding parking reduction in the southern most area are correct. Mr. Pfeil stated that the reports from the Village traffic engineers seem to indicate that overall, numerically, there will be enough parking; he understands Trustee Reid's concerns, as the site plan is more conceptual and will need to be refined. Mr. Balling commented on how the uses in the center affect the parking. Trustee Braiman confirmed that Out Parcel #1 will be land banked until it is determined whether or not the extra parking will be necessary; he is also disappointed that the developer has again brought information to the Board the night of the meeting. Trustee Marienthal stated that the developer has come before the Board again and again with information the night of the meeting, and expecting it to be acted on at the meeting; he would like the developer to give information to the Board and the staff prior to the meeting so that it can be reviewed. Trustee Hendricks stated that he would like to see maps showing the existing parking and what is proposed. Mr. Kreegar reviewed the changes to the existing parking. Trustee Glover stated that she believes it is unfair to expect the Board to act on something without having had the opportunity to review it fully. 9752 7/17/95 Mr. Schwartz stated that the proposal submitted takes into account all uses, including the outlot. In answer to a question from President Mathias, Mr. Raysa stated that the Village can prohibit the outlots not yet built to be held until sufficient parking is established; his only hesitation is on proposed anchor #1 because of the T.I.F. bond ordinance, but building on the outlots can be prohibited if parking is not provided pursuant to the ordinance. Trustee Rubin stated that the fact is that the Board approved the financing tied with the theaters, and even though the information came in very late, staff stated they have reviewed the information and is comfortable with it and were not rushed in reviewing the information; there are a number of safety valves built into the ordinance. Trustee Reid stated that he is not opposed to the theaters; he is opposed to bad planning; he is opposed to hasty actions; he does not believe that putting in safety valves and corrections corresponds to making sure it is done right the first time; he pointed out the discrepancies that he finds in the number of parking spaces. Further discussion ensued regarding the exact number of parking spaces in each area. Upon roll call, Trustees voted as follows on the motion to table: AYES: 4 - Marienthal, Reid, Hendricks, Glover NAYS: 2 - Rubin, Braiman Motion declared carried. In response to a request by Mr. Schwartz, it was moved by Rubin, seconded by Braiman, to direct staff to allow the theater owners to continue with their work in the theaters, at their own risk, according to the temporary permit verbally agreed to that expired today, with the new expiration date being extended to 12:01 A.M. August 8, 1995. Discussion followed regarding the pros and cons of permitting this request. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Rubin, Braiman, Hendricks, Glover NAYS: 1 - Marienthal Motion declared carried. ORDINANCE #95-74 - TA TAMI LIQUOR LICENSE President Mathias reviewed the proposed ordinance, details of which are contained in Mr. Brimm's memo to Mr. Balling of July 12, 1995. Moved by Braiman, seconded by Reid, to pass Ordinance #95-74, amending Title 5.20 of the Buffalo Grove Municipal Code to provide for a Class E liquor license at 1251 W. Dundee Road for the Ta Tami Japanese Restaurant. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. 9753 7/17/95 STERLING CREEK Moved by Glover, seconded by Braiman, to approve Final Plat of Subdivision for Sterling Creek and approve Development Improvement for same, details of which are contained in Mr. Kuenkler's memo to Mr. Balling of July 11, 1995. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. WHEELING PARK DISTRICT GOLF MAINTENANCE BUILDING Karop Bavougian, Wheeling Director of Parks and Recreation, made a presentation to the Board regarding the request of the Wheeling Park District, details of which are contained in his letter to Mr. Balling of July 13, 1995, and in Mr. Pfeil's memo to Mr. Balling of July 7, 1995. Moved by Reid, seconded by Hendricks, to refer annexation of the proposed maintenance building for the Chevy Chase Country Club with R-E Special Use zoning and preliminary plan to the Plan Commission for review. Trustee Braiman stated that he is still not convinced that the entire course should not be considered for annexation; he would like to see the whole course come into the Village. Trustee Rubin still thinks that, from a policy standpoint, it is a mistake for something to be placed on the Plan Commission agenda before being so directed by the Board. Im.. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Rubin, Hendricks NAYS: 2 - Braiman, Glover Motion declared carried. LIQUOR CONTROL ORDINANCE Trustee Braiman explained why he asked that this item be removed from the Consent Agenda. Moved by Braiman, seconded by Hendricks, to defer the ordinance amending Title 5.20 of the Buffalo Grove Municipal Code to prohibit bottle clubs in the Village, until staff is ready to present a modified proposal. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Braiman, Hendricks, Glover NAYS: 0 - None ABSTAIN: 1 - Rubin (reason being that is a member of the Chamber Board) Motion declared carried. 9754 7/17/95 ADJOURNMENT Moved by Braiman, seconded by Hendricks, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:35 P.M. Janet M. Sirabian, Village Clerk APPROVED BY THIS 944rDAY OF , 1995. age P e ent 6...