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1996-03-18 - Village Board Regular Meeting - Minutes 9870 1 3/18/96 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, MARCH 18, 1996 CALL TO ORDER President Mathias called the meeting to order at 7:38 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 Hendricks. Trustee Glover was absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Robert Pfeil, Village Planner; Ray Rigsby, Superintendent of Public Works; Fire Chief Allenspach; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Rubin, seconded by Reid, to approve the minutes of the February 20, 1996 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. Moved by Rubin, seconded by Hendricks, to approve the minutes of the March 4, 1996 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. WARRANT #810 Mr. Tenerelli read Warrant #810. Moved by Hendricks, seconded by Reid, to approve Warrant #810 in the amount of $1,095,696.34, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. LADY PATRIOT BASKETBALL TEAM President Mathias called the members of the Lady Patriot Basketball Team forward as he read commendations to be presented to them recognizing their achievement as IHSA AA State Champions; the team was then congratulated by the audience and the Board. TRAIN WHISTLE BLOWING President Mathias reported on recent meeting regarding the train whistle blowing ban. 9871 3/18/96 NATIONAL LEAGUE OF CITIES President Mathias reported on his recent attendance at the National League of Cities Conference. GOVERNOR'S VISIT President Mathias reported on a recent visit to Buffalo Grove by Governor Edgar. ROUTE 53 Trustee Reid pointed out that there is a new set of maps for the proposed Route 53 extension. COMMERCIAL VEHICLE PARKING Mr. Balling presented an update concerning Commercial Vehicles in Residential Districts, details of which are contained in Mr. Hruby's memo to him of February 28, 1996. MANAGEMENT REPORT Mr. Balling noted the submittal of the Management Report for the month of February, 1996; there were no questions on same. FENCES Trustee Reid stated that he has noticed that there are several fences throughout the Village that are in various stages of disrepair; he is suggesting that members of Building & Zoning talk to the homeowners and seek voluntary compliance; he does not want to see tickets issued to homeowners. POLICE VEHICLES Mr. Balling reported on an outstanding order for six police vehicles, explaining the situation; he stated that staff will have a recommendation for the Board at the April 1, 1996 meeting. METRA President Mathias reported on a recent meeting with the Executive Director of Metra, who stated that the first running of the Wisconsin Central Commuter Railroad will be on August 19, 1996. 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 item on the Consent Agenda; it was requested that Item XI. , S. be removed from the Consent Agenda. ORDINANCE #96-13 - Recoupment Sanitary Sewer, Newtown Dr. Moved by Rubin, seconded by Reid, to pass Ordinance #96-13, Acknowledging Fulfillment of Certain Obligations under Ordinance #79-53, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer Between Newtown Dr. and Fabish Dr. Upon roll call, Trustees voted as follows: 9872 3/18/96 AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-14 - Recoupment Sanitary Sewer, Fabish Dr. Moved by Rubin, seconded by Reid, to pass Ordinance #96-14, Acknowledging Fulfillment of Certain Obligations under Ordinance #85-07, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer on Fabish Dr. between Highland Point Unit 7 and Busch Road. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-15 - Recoupment Sanitary Sewer, Fabish Dr. Moved by Rubin, seconded by Reid, to pass Ordinance #96-15, Acknowledging Fulfillment of Certain Obligations under Ordinance #85-65, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer On Thompson Blvd from Fabish Drive to a point 225 feet west of Euclid Ct. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-16 - Recoupment Sanitary Sewer, Fabish Dr. Moved by Rubin, seconded by Reid, to pass Ordinance #96-16, Acknowledging Fulfillment of Certain Obligations under Ordinance #85-66, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer On Thompson Blvd. from Fabish Drive to the Commonwealth Edison R.O.W. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-17 - Recoupment Sanitary Sewer, Fabish Dr. Moved by Rubin, seconded by Reid, to pass Ordinance #96-17, Acknowledging Fulfillment of Certain Obligations under Ordinance #85-67, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer On Fabish Drive to a point 1000 feet north of Busch Rd. to Highland Grove Drive and on Highland Grove Drive between Fabish Drive and Thompson Blvd. Upon roll call, `0Ii/ Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. 9873 3/18/96 ORDINANCE #96-18 - Recoupment Sanitary Sewer, Newtown Dr. Moved by Rubin, seconded by Reid, to pass Ordinance #96-18, Acknowledging Fulfillment of Certain Obligations under Ordinance #85-77, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer on Newtown Dr. from Fox Hill Dr. to Weiland Road. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-19 - Recoupment Sanitary Sewer, Fabish Dr. Moved by Rubin, seconded by Reid, to pass Ordinance #96-19, Acknowledging Fulfillment of Certain Obligations under Ordinance #85-16, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer On Fabish Drive from Busch Rd. to a point 1000 feet north. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-20 - Recoupment Sanitary Sewer, Ironwood Rd. Moved by Rubin, seconded by Reid, to pass Ordinance #96-20, Acknowledging Fulfillment of Certain Obligations under Ordinance #87-58, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer On Ironwood Rd. through Fiore Golf Course on Willow Pkwy. and IL Route 22. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-21 - Recoupment Sanitary Sewer, Port Clinton Rd. Moved by Rubin, seconded by Reid, to pass Ordinance #96-21, Acknowledging Fulfillment of Certain Obligations under Ordinance #87-59, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer On Port clinton Road, Sandalwood Rd. , Buffalo Grove Rd. , and IL Route 22. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-22 - Recoupment Sanitary Sewer, Thompson & Buffalo Grove Rds. Moved by Rubin, seconded by Reid, to pass Ordinance #96-22, Acknowledging Fulfillment of Certain Obligations under Ordinance #87-60, an Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer On Thompson Blvd. and Buffalo Grove Rd. , between Old Farm Village subdivision and a point 2750 feet north of Aptakisic Rd. Upon roll call, Trustees voted as follows: 9874 3/18/96 AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-23 Liquor control Moved by Rubin, seconded by Reid, to pass Ordinance #96-23, Amending Chapter 5.20, Liquor controls, adding a Class D license for White Hen Pantry, 1165 Weiland Road. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. RESOLUTION 96-18 Surety Bond Moved by Rubin, seconded by Reid, to pass Resolution #96-18, Serving as a Surety Bond when permits are requested by the Village of Buffalo Grove to do work in the State of Illinois rights-of-way. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. WESTCHESTER ESTATES - Trustee's Deed Moved by Rubin, seconded by Reid, to Accept the Trustee's Deed for Westchester Estates Unit 2, Outlots B and C. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. RESOLUTION #96-19 - Westchester Estates Moved by Rubin, seconded by Reid, to Authorize Conveyance of Real Property - Outlot C, Westchester Estates Unit 2 - to the Buffalo Grove Park District. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. RESOLUTION #96-20 - Zoning Map Moved by Rubin, seconded by Reid, to Adopt the Official Zoning Map of the Village of Buffalo Grove. Upon Roll Call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 0 Glover Motion declared carried. 9875 3/18/96 COVINGTON CORPORATE CENTER - Covenants Moved by Rubin, seconded by Reid, to Approve the First Amendment to the Declaration of Protective Covenants for Covington Corporate Center. Upon Roll Call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. BUFFALO CREEK BIKEPATH STORM SEWER Moved by Rubin, seconded by Reid, to Authorize to Waive Bids and Accept Proposal for the Buffalo Creek Bikepath Storm Sewer Relocation Project. Upon Roll Call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. FIRE STATION PARKING LOT IMPROVEMENT Moved by Rubin, seconded by Reid, to Authorize to Bid - Busch Road Fire Station Parking Lot Improvement Project. Upon Roll Call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. RESOLUTION #96-21 - FY1996-97 BUDGET Moved by Rubin, seconded by Reid, to pass Resolution #96-21, adopting the Fiscal Year 1996-97 Program Budget for the Village of Buffalo Grove. Mr. Balling presented a short explanation of the proposed resolution, details of which are contained in Mr. Brimm's memo to him of March 5, 1996. Mr. Brimm explained the reason for the increase over last year in the Debt Services portion of the budget. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-24 - WATER & SEWER RATES & FEES Mr. Brimm explained the proposed ordinance, details of which are contained in his memo to Mr. Balling March 5, 1996. Moved by Rubin, seconded by Braiman, to pass Ordinance #96-24, amending Section 13 .04.190 and 13 .04.290 of the Municipal Code regarding Water and Sewer Rates and Fees. Upon roll call, Trustees voted as follows: 9876 3/18/96 I..r AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-25 - AMBULANCE FEES Moved by Rubin, seconded by Hendricks, to pass Ordinance #96-25, amending Chapter 3.36 of the Municipal Code regarding non-resident ambulance fees. Mr. Balling reviewed the proposed ordinance, details of which are contained in Chief Allenspach's memo to him of January 15, 1996. Chief Allenspach stated that the word "and" should be added in Section C. , 3. , in the first line between "Buffalo Grove" and "requiring" . Trustees Rubin and Hendricks added Chief Allenspach's wording to the motion. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. ORDINANCE #96-26 - MUNICIPAL TELECOMMUNICATIONS TAX Trustee Rubin and Mr. Balling explained the need and origin of the proposed tax, details of which are contained in Mr. Brimm's memo to Mr. Balling of March 12, 1996. Moved by Rubin, seconded by Hendricks, to pass Ordinance #96-26, adding Chapter 3.48 to the Municipal Code, creating a municipal telecommunications tax. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin,Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. RESOLUTION #96-22 - REFUSE SERVICE CONTRACT Mr. Balling reviewed the proposed refuse service contract renewal, details of which are contained in Mr. Brimm's memo to him of March 11, 1996. Moved by Rubin, seconded by Reid, to pass Resolution #96-22, authorizing the execution of amendments to the Residential Scavenger Service Contract between the Village of Buffalo Grove and Waste Management Northwest. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. 9877 3/18/96 MOBIL OIL CAR WASH Mr. Balling introduced this proposal. Vitas Maciukevicius, of WT Engineering representing Mobil Oil, made a presentation to the Board outlining the request of the petitioner, i.e. construction of an enlarged mini-mart building and a car wash, details of which are contained in Mr. Pfeil's memo to Mr. Balling of March 14, 1996. Lengthy discussion ensued, with Trustees stating concern over enlarging the mini- mart building by three times its current size, as well as adding a car wash; concern regarding noise to adjoining residences; it was noted that this proposal squeezes too much onto too small a space; hours of operation were also a concern; the driveway to the north will interfere with the car wash. President Mathias polled the Board: "YES" indicates favor of the size of the replacement mini-mart building if that is the only building on the site; "NO" indicates opposition: YES: Reid, Rubin, Braiman, Hendricks NO: Marienthal ABSENT: Glover President Mathias polled the Board: "YES" indicates favor of a car wash somewhere on the site; "NO" indicates opposition: YES: Rubin*, Braiman NO: Marienthal, Reid**, Hendricks** ABSENT: Glover *Would consider it, but pessimistic as to being able to be convinced that it would work. **Based upon the size of the mini-mart;. not at all comfortable with the plan being presented tonight. Mr. Maciukevicius stated that they will work on the plan based on tonight's comments; he stated that they understand that the Board would not grant a liquor license for this facility. TRUNKED RADIO SYSTEM PROPOSAL Mr. Balling introduced this proposal. Chief Allenspach made a presentation to the Board, explaining the proposed radio system, details of which are contained in his memo to Mr. Balling of March 14, 1996. Moved by Rubin, seconded by Reid, to approve authorization for proceeding with the application process and subsequent planning regarding implementation, costs and financing; and authorization to sign a letter of intent for the application regarding Buffalo Grove financing the project using 9-1-1 surcharge revenues. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. 4 9878 3/18/96 SIDEWALK REMOVAL AND REPLACEMENT PROGRAM Trustee Reid explained the reason he asked that this item be removed from the Consent Agenda, i.e. whether there should be grass or concrete at the corners of intersections. Mr. Rigsby explained the reason for putting concrete in the areas. President Mathias polled the Board: "YES" indicates favor of acceptance of staff recommendation; "NO" indicates another alternative. YES: Rubin*, Braiman*, Hendricks* NO: Marienthal, Reid *Except in certain intersections, where grass would be appropriate. Mr. Balling stated that staff would schedule for grass, and modify the bid specifications. Moved by Reid, seconded by Rubin, to authorize bid for 1996 Sidewalk Removal and Replacement Program, with modifications as discussed regarding green space at corners. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. EXECUTIVE MEETING Moved by Rubin, seconded by Reid, to adjourn to Executive Meeting to discuss Litigation. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Glover Motion declared carried. The Board moved to Executive Meeting from 9:07-9:31 P.M. ADJOURNMENT Moved by Braiman, seconded by Reid, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:31 P.M. ` T 2 Janet—M. Sirabian, Village Clerk APPROVED BY ME THIS ' ` DAY , 1996. SOO sident 7 r r