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1995-11-06 - Village Board Regular Meeting - Minutes 9806 11/6/95 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, NOVEMBER 6, 1995 CALL TO ORDER President Mathias called the meeting to order at 7:34 P.M. Those present stood j ` J and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Mathias; Trustees Marienthal, Reid, Braiman, and Glover. Trustees Rubin and Hendricks were absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Phil Versten, Administrative Assistant; Gregory Boysen, Director of Public Works; Raymond Rigsby, Superintendent of Public Works; Robert Pfeil, Village Planner; Rob Giddens, MIS Director; Police Chief McCann; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Reid, seconded by Braiman, to approve the minutes of October 16, 1995 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. WARRANT #801 Mr. Tenerelli read Warrant #801. Moved by Marienthal, seconded by Reid, to approve Warrant #801 in the amount of $1,254,523.46 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. BUFFALO GROVE DAYS COMMITTEE President Mathias appointed Ken Lazar to the Buffalo Grove Days Committee. Moved by Reid, seconded by Glover, to concur with President Mathias' appointment. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. ORDINANCE #95-103 - Liquor Control President Mathias presented a brief background pertaining to the proposed ordinance, details of which are contained in Mr. Brimm's memo to Mr. Balling of October 16, 1995. 1 9807 11/6/95 Trustee Reid stated that he concurs with the ordinance; he asked that the Board be provided with the names of the legislators who voted for the ordinance which provided for a legalistic excuse to break the law; he also suggested that said ordinance be noted in Buffalo Grove's response to State Representative Clayton's letter dealing with antiquated legislation. President Mathias stated that a copy of this ordinance will be forwarded to Representative Clayton with a request for her to introduce legislation to repeal the affirmative defense. Moved by Braiman, seconded by Reid, to pass Ordinance #95-103, amending Chapter 5.20 of the Liquor Controls Ordinance as it regards fake ID's. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks j Motion declared carried. President Mathias stated that a copy of this ordinance will be sent to liquor license holders in the Village. President Mathias also noted that the Police Department recently conducted an unannounced "sweep" of all liquor license holders in the Village, and, for the first time, all license holders passed the test, which hopefully means that the message is getting out that the Village is very concerned about liquor sales to minors. SWANCC Mr. Balling brought the Board up to date on the Illinois Supreme Court decision regarding SWANCC. ROAD CLOSINGS President Mathias noted road closings in the Village for repair work. GAMING TAX - REVENUE SHARING PROGRAM President Mathias reported on subject at the Northwest Municipal Conference, stating that the motion failed and the NWMC will not be sponsoring a revenue sharing program. CELLULAR EMERGENCY SERVICE President Mathias noted that, in Lake County, it is now possible to dial 9-1-1 from a cellular phone; Mr. Balling stated that a similar service is being evaluated for northwest Cook County. FY 1995-96 CAPITAL IMPROVEMENT PLAN I ` , Mr. Balling presented a status report on the FY 1995-96 Capital Improvements Program; the five-year Capital Improvement plan will be presented at the November 20, 1995 meeting, details of which are contained in Mr. Brimm's memo to him of October 17, 1995. BUFFALO GROVE LIONS CLUB Mr. Balling noted that a request was received from the Buffalo Grove Lions Club for a waiver of fees in conjunction with the raffle license; staff has reviewed the application and it is in order, and recommends the Board waive said fees. 9808 11/6/95 Moved by Reid, seconded by Braiman, to waive the fees and authorize the raffle license to be issued for the Buffalo Grove Lions Club. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. FLU SHOTS Mr. Balling reviewed the dates and times for the flu shots being offered this week. PIC SCHOLARSHIP President Mathias presented a background on the PIC Scholarship Fund, noting that Computer Discount Warehouse pledged to match contributions to the PIC Scholarship Fund from area businesses, up to an amount of $5,000. PUBLIC HEARINGS - TRUTH IN TAXATION At 7:59 P.M. , President Mathias opened the Public Hearing for Truth in Taxation; he read from the Notice of Public Hearing published in the Daily Herald on October 26, 1995. Mr. Brimm reviewed the purpose of this Public Hearing, details of which are contained in his memo to Mr. Balling of October 4, 1995. President Mathias asked if anyone wished to comment further; there were no such requests. At 8:07 P.M. , President Mathias continued the Public Hearing until later on in the meeting when the ordinance is considered. PUBLIC HEARING - WISCONSIN CENTRAL President Mathias opened the Public Hearing at 8:07 P.M. , at which time he read from the Notice of Public Hearing, which was published in the Daily Herald on October 25, 1995. Mr. Pfeil then reviewed the amendment to the Annexation Agreement, details of which are contained in his memo to Mr. Balling of November 2, 1995. President Mathias asked if there were any other public agencies, members of the audience, or members of the Board wishing to comments; there were none. At 8:10 P.M. , President Mathias continued the Public Hearing until the ordinance is considered later on in the meeting. PUBLIC HEARING - VENDING MACHINE LICENSE FEES �•/ President Mathias opened the Public Hearing at 8:10 P.M. , at which time he read from the Notice of Public Hearing which was published in the Daily Herald on October 15, 1995. Mr. Brimm then reviewed the vending machine license fees proposal, details of which are contained in his memo to Mr. Balling of October 12, 1995. President Mathias asked if there were any other public bodies wishing to testify; there were none. 9809 11/6/95 Mark Stein, general manager of a family-owned vending machine business, stated that, although the proposal is only for a $10 increase, that does amount to 50%, which is a large increase for a business where the average selling price is $.60; he stated that there are othercommunities that have lower fees, or none at all; he stated that his dealings with the Village staff are always a pleasure. Craig Hesh, AH Vending & Food Services in Rolling Meadows, stated that the Village does do a very good job in making sure that all machines have licenses; he reiterated Mr. Stein's comments and stated that a 50% increase is quite high. Mr. Brimm stated that the fees have not been adjusted since the original ordinance was adopted; he stated that, even if the proposal is adopted, Buffalo Grove would still be below the average for vending machine fees. President Mathias asked if there were any other comments from the audience; there were none. At 8:18 P.M. , President Mathias continued the Public Hearing until the ordinance is considered later on in the meeting. 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; he then read a brief synopsis of each of the items on the Consent Agenda; there were no such requests. ORDINANCE #95-104 - Recoupment Moved by Reid, seconded by Braiman, to pass Ordinance #95-104, Providing for the Recoupment of Advances for Construction of Watermains along Aptakisic Road between Buffalo Grove Road and Barclay Blvd. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. ORDINANCE #95-105 - Vending Machines Moved by Reid, seconded by Braiman, to pass Ordinance #95-105, Amending Section 5.52.050, Food and Beverage Vending machines and Sections 5.32.040 and 5.32.080, Tobacco Dealers Licenses, of the Buffalo Grove Municipal Code. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. ORDINANCE #96-106 - Liquor Controls Moved by Reid, seconded by Braiman, to pass Ordinance #95-106, Amending Chapter 5.20 of the Liquor Controls Ordinance by adding a Class E license for Johnny Navo's Pastaria, 344 Half Day Road. Upon roll call, Trustees voted as follows: 9810 11/6/95 AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. ORDINANCE #95-107 - Wi. Central Annexation Agreement Moved by Reid, seconded by Braiman, to pass Ordinance #95-106, Amending an Annexation Agreement with the Wisconsin Central Ltd. , Busch Parkway/Commerce Court. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Braiman, Glover, President Mathias NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. ORDINANCE #95-108 - Wi. Central Annexing Moved by Reid, seconded by Braiman, to pass Ordinance #95-108, Annexing portions of the Wisconsin Central Ltd. , property at Busch Parkway/Commerce Court to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. ORDINANCE #95-109- Wi. Central Zoning Moved by Reid, seconded by Braiman, to pass Ordinance #95-109 amending the comprehensive Zoning Ordinance of the Village of Buffalo Grove as it concerns Wisconsin Central Ltd. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. RESOLUTION #95-66 - Not to collect taxes Moved by Reid, seconded by Braiman, to pass Resolution #95-66, Requesting the County of Lake not to collect the loss in collection on taxable property in the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. RESOLUTION #95-67 - Not to collect taxes Moved by Reid, seconded by Braiman, to pass Resolution #95-67, Requesting the County of Cook not to collect the loss in collection on taxable property in the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. 9811 11/6/95 RESOLUTION #95-68 - Stormwater Management Moved by Reid, seconded by Braiman, to pass Resolution #95-68, Approving a Petition for Stormwater Management Commission certification. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None V ABSENT: 2 - Rubin, Hendricks Motion declared carried. TRAFFIC SIGNALS - Award of Bid Moved by Reid, seconded by Braiman, to approve the Award of Bid - Traffic Signals at IL 83/Pauline Avenue at Dundee Road/Fire Station 25. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. PURCHASE OF CALCIUM CHLORIDE - Award of Bid Moved by Reid, seconded by Braiman, to approve the Award of Bid and Acceptance of the Northwest Municipal Conference Joint Purchase Plan of liquid Calcium Chloride. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. EDWARD SCHWARTZ & CO. - Signage Moved by Reid, seconded by Braiman, to approve the ZBA and Appearance Commission recommendations to deny a Sign Code variance - Off-premise Sign, Edward Schwartz & Co. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. NEW LIFE LUTHERAN CHURCH - (Aesthetics) Moved by Reid, seconded by Braiman, to accept the Appearance Commission Recommendation: New Life Lutheran Church, Busch and Buffalo Grove Roads - Temporary ground sign. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. At 8:21 P.M. , President Mathias closed the Public Hearing on the Wisconsin Central Annexation Amendment, and Vending Machine License Fees. 9812 11/6/95 ORDINANCE #95-110 - Tax Levy Moved by Braiman, seconded by Reid, to pass Ordinance #95-110, approving the Levy and Collection of Taxes for the Fiscal Year beginning May 1, 1995 and ending April 30, 1996, pursuant to Mr. Brimm's memo to Mr. Balling of October 2, 1995. Upon roll call, Trustees voted as follows: AYES: 4- Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. President Mathias closed the Public Hearing at 8:22 P.M. ADMISSIONS AND ENTERTAINMENT TAX Mr. Raysa stated that he received a call from the attorneys representing the theater owner in the TIF district stating that they had just received the proposed ordinance, and needed more time to review some case law. Moved by Braiman, seconded by Reid, to defer the proposed Amusement Tax in the Village of Buffalo Grove until staff, particularly Mr. Raysa, is comfortable that any differences have been ironed out. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. ORDINANCE #95-111 - Smoking Materials/Minors Mr. Balling reviewed the proposed ordinance. Moved by Braiman, seconded by Marienthal, to pass Ordinance #95-111, prohibiting the possession of smoking materials by minors in the Village of Buffalo Grove. Trustee Reid stated that he will support this ordinance, but common sense and intelligence cannot be legislated. Trustee Glover supports the ordinance because it is a "good" thing, however she still believes it is a parental responsibility; she will support the ordinance even though she does not believe everything should be legislated. Katherine Schoenwetter, Cooper Jr. High principal, thanked everyone for their cooperation and was very pleased to see the school and the Village working together. President Mathias stated that he believes the most important way to stop minors from using tobacco products is education; he stated that he believes this ordinance is different from the bicycle helmets because there is a state law which prohibits sale of tobacco products to minors. �./ Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. 9813 11/6/95 WHEELING PARR DISTRICT Mr. Balling reviewed this request for fee waiver, details of which are contained in Mr. Bavougian's letter to Mr. Balling of October 17, 1995; he stated that he has not yet been contacted by Mr. Bavougian regarding reciprocal benefits. Moved by Braiman, seconded by Reid, to defer action on this fee waiver until staff has been contacted by the Wheeling Park District regarding reciprocal benefits. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. WALGREEN'S Mr. Balling reviewed the proposed Walgreen's drug store at the corner of Lake Cook and Buffalo Grove Roads. Richard Cooper, representing Walgreen's, made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of November 3, 1995. Trustee Marienthal would like to see the building and the parking lot moved back 5-10' because he believes this a prime intersection. In answer to a question from Trustee Reid, Mr. Cooper stated that the existing store on Route 83 would be closed, but the Dundee Road store would not be affected. Trustee Braiman stated that he would like to see more green space. Mr. Cooper stated that, because of a deed restriction, there will not be any liquor sales in the proposed store. Trustee Glover also stated that she would like to see more landscaping. President Mathias suggested that Walgreen's take the comments made tonight and come back with an application and request referral to the Plan Commission. TOWN CENTER TIF Mr. Brimm brought the Board up to date on the Town Center Tax Increment Financing Area Annual Report, details of which are contained in his memo to Mr. Balling of October 5, 1995. Moved by Reid, seconded by Braiman, to accept the Town Center Tax Increment Financing Area Annual Report. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. 1994-95 COMPREHENSIVE FINANCIAL AUDIT Mr. Brimm made a brief presentation with regard to the FY1994-95 Comprehensive Annual Financial Report for the year ended April 30, 1995; the audit is reported without comment and is unqualified; details are contained in his memo to Mr. Balling of October 30, 1995. 9814 11/6/95 Trustee Marienthal complimented Mr. Brimm and the staff. Moved by Marienthal, seconded by Reid, to accept the FY1994-95 Comprehensive Annual Financial Report for the year ended April 30, 1995. Upon roll call, Trustees voted as follows: AYES: 4- Marienthal, Reid, Braiman, Glover NAYS: 0 - None V ABSENT: 2 - Rubin, Hendricks Motion declared carried. SNOW AND ICE PLAN Mr. Rigsby reviewed the 1995-96 Public Works Snow and Ice Plan, stating that the program is much the same as it was last year, with five levels of service, which he then explained; the goal is to have all streets cleared eight hours after the storm has stopped. In answer to a question from Trustee Braiman, Mr. Rigsby reviewed the streets for which the Village is not responsible. Trustee Reid asked staff to check into the feasibility of sidewalk snow removal on Arlington Heights Road between Route 83 and Dundee Road because of all the people that walk along there to get to shopping areas. Trustee Braiman agrees with Trustee Reid, and asked staff to look at other areas as well, including the bike paths. Moved by Braiman, seconded by Reid, to accept the 1995-96 Public Works Snow and Ice Plan. Trustee Reid also stated that staff should work with the Park District. AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, hendricks Motion declared carried. EXECUTIVE MEETING Moved by Reid, seconded by Braiman, to move to Executive Meeting to discuss Pending Litigation. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Rubin, Hendricks Motion declared carried. The Board moved to Executive Meeting at 9:03 P.M. The Regular Meeting reconvened at 9:17 P.M. 9815 11/6/95 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 9:17 P.M. Q cth .J et M Sirabian, Village Clerk `/ APPROVED BY HIS G? DAY OF ‘p,": 1995. e ident V