1994-08-01 - Village Board Regular Meeting - Minutes 9542
8/1/94
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 1, 1994
CALL TO ORDER
President Mathias called the meeting to order at 7:36 P.M. Those present stood
and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Mathias; Trustees
Marienthal, Reid, Kahn, Rubin, Braiman and Hendricks.
Also present were: William Balling, Village Manager; William Raysa, Village
Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance
Director; Gregory Boysen, Director of Public Works; Ed Schar, Deputy Building
Commissioner; Robert Pfeil, Village Planner; and Joseph Tenerelli, Village
Treasurer.
APPROVAL OF MINUTES
Moved by Rubin, seconded by Kahn, to approve the minutes of the July 11, 1994
Special Meeting. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
Moved by Rubin, seconded by Reid, to approve the minutes of the July 18, 1994
Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
WARRANT #771
Mr. Tenerelli read Warrant #771. Moved by Hendricks, seconded by Marienthal, to
approve Warrant #771 in the amount of $1,177,553.78, authorizing payment of bills
listed. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
HIGHWAY TRANSPORTATION PLAN
President Mathias reported on the 5-year Highway Transportation Plan which he
received from the Cook County Department of Highways, and was pleased to note
that the expansion of Lake-Cook Road through Buffalo Grove is not on that plan.
VILLAGE PORTION OF PROPERTY TAX
President Mathias noted that the Village portion of the tax bill has gone down.
Mr. Balling stated that the Village portion of the tax levies in both counties
have been reduced; the Village portion of the tax bill equates to approximately
10%. Trustee Rubin pointed out that, since the Village portion of the property
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tax is only approximately 10%, residential property tax bills may still rise
because of the other taxing bodies.
VEHICLE REPLACEMENT
Mr. Balling reported on the need to replace an undercover police vehicle, and
asked that the Board authorize bid waiver for the replacement of one of the
police vehicles in an amount not to exceed $14,500, so that the Police Department
may shop for said vehicle during the year-end close outs; the monies are on hand
in the Central Garage budget.
Moved by Hendricks, seconded by Reid, to authorize bid waiver to allow the Police
Department to purchase an undercover vehicle in an amount not to exceed $14,500.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
PUBLIC HEARING - PRAIRIE GROVE PHASE II
President Mathias called the Public Hearing, continued from July 11, 1994, to
order at 7:45 P.M.
President Mathias stated that documentation is not ready at this time. At
7:46 P.M. President Mathias continued the Public Hearing until August 15, 1994.
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.
ORDINANCE #94-49 - Amending Title 10, Blue Ash Drive
Moved by Marianthal, seconded by Reid, to pass Ordinance #94-49, Amending Title
10 of the Village Code designating No Parking on Blue Ash Drive along the
Canterbury Fields Park. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #94-50 - Sign Ordinance Variance
Moved by Marienthal, seconded by Reid, to pass Ordinance #94-50, Granting a
Variance from Section 14.20.030 of the Buffalo Grove Sign Ordinance allowing for
an additional Wall Sign at Dominick's, 1160 Lake Cook Road. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
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ORDINANCE #94-51 - Liquor Controls
Moved by Marienthal, seconded by Reid, to pass Ordinance #94-51, Amending Chapter
5.20 of the Liquor Controls Ordinance noting a change of ownership to Buffalo
Grove Liquors and granting a Class C liquor license to its licensee Dvotet, Inc.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESOLUTION #94-36 - Route 83 Improvements
Moved by Marienthal, seconded by Reid, to pass Resolution #94-36, Approving a
second amendment to the agreement with the State of Illinois concerning the
improvement of IL Highway 83 between Buffalo Grove Road and Arlington Heights
Road as it concerns bikeway and sidewalk expenses. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
HIGHWAY 83 & PAULINE - Traffic Signal
Moved by Marienthal, seconded by Reid, to Approve an agreement for Engineering
Services with Civiltech Engineering and waiving bids for same for a traffic
signal at IL Highway 83 and Pauline Avenue. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
KEIFFER AND COMPANY, INC. - Aesthetics
Moved by Marienthal, seconded by Reid, to accept the Appearance Commission
recommendation: Kieffer and Company, Inc. , 1322-1362 Barclay Blvd. - Tenant
Sign. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ROSEGLEN SUBDIVISON - Aesthetics
Moved by Marienthal, seconded by Reid, to accept the Appearance Recommendation:
Roseglen Subdivision, Old Checker Road - Temporary Signs. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
CHECKER PLACE - Aesthetics
Moved by Marienthal, seconded by Reid, to accept the Appearance Recommendation:
Checker Place, Buffalo Grove Road and Old Checker Road - Full Review:
Architicture, Materials, Colors, and Landscaping. Upon roll call, Trustees voted
as follows:
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AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
FIREFIGHTERS PENSION FUND
Moved by Marienthal, seconded by Reid, to Approve the Annual Report of Condition:
Buffalo Grove Firefighters Pension Fund. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
POLICE PENSION FUND
Moved by Marienthal, seconded by Reid, to Approve the Annual Report of Condition:
Buffalo Grove Police Pension Fund. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
COVES OF BUFFALO GROVE
Mr. Balling brought the Board up to date on this item, referring to a meeting
which was held last Wednesday.
Trustee Kahn stated that, after visiting the site several times, he believes this
is a proper use of the property, and will complement the surrounding properties.
Moved by Kahn, seconded by Braiman, to pass Ordinance #94-52, approving a Planned
Unit Development and Preliminary Plan for the Coves of Buffalo Grove/Edward
Schwartz and Co. Development.
Elroy Sandquist, attorney representing the Covington Homeowners Association,
again pointed out the concerns of the association, i.e. an office building is
approved; the density; it is poor planning and does not suit this particular
piece of land; and the detention. Mr. Sandquist stated that the homeowners feel
betrayed; the plan should at least go back to the Plan Commission; if the
ordinance is passed, he has been authorized to look into any legal proceeding
which might be taken, including questioning whether or not the motion to
reconsider was proper, and attacking the plan as not being the highest and best
use for this piece of property.
Trustee Rubin stated that his objection to the plan is that it should be two
buildings; he does not have a problem with the use; he does support the Village
Attorney's position regarding reconsideration.
In answer to a question from Trustee Reid, Mr. Raysa again explained his ruling
on the motion to reconsider and the "minor" change.
Mr. Balling answered a question from Trustee Marienthal regarding the cost of the
detention maintenance.
Trustee Braiman stated that this density is similar to that of the adjoining
property; he would prefer to see three buildings rather than two; the Village has
an obligation to act on the petition before them.
Edward Schwartz, developer, stated that the plan being presented is the identical
plan to the one approved by the Plan Commission, with the exception that there
is one less unit; this property is in the Village of Buffalo Grove, and could be
developed with a four story office building on it; this property has more parking
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than the Covington development; the Board has an obligation to do what is best
for the entire Village.
Upon roll call, Trustees voted as follows on the motion:
AYES: 2 - Kahn, Braiman
NAYS: 4 - Marienthal, Reid, Rubin, Hendricks
Motion defeated.
GUN CONTROL
Moved by Braiman, seconded by Reid, to pass Ordinance #94-52, creating Chapter
9.90 of the Municipal Code as it concerns Weapons Control.
Mr. Raysa reviewed the proposed ordinance, details of which are contained in Mr.
Szymborski's memo to Mr. Balling of July 28, 1994.
President Mathias pointed out that there have been two Public Hearings on this
issue.
Trustee Reid has problems with the ordinance as it is presented; it does not
address the issue, does not provide for enforcement, and does not provide for
licensing.
Trustee Rubin stated that he would like to see this watered down to some extent;
he stated that he would consider supporting a ban on commercial sales.
Trustee Hendricks stated that the proposed ordinance makes everyone owning a gun
a potential criminal.
Trustee Braiman stated that he would also look for language modification to
comply with the intent of the Board to restrict commercial sales; he would also
like to have revisions delivered to the Board before the normal 4-5 day period
when packets are normally delivered.
Trustee Kahn would like to see actual commercial sales of ammunition addressed.
Trustee Marienthal would like to see exchange or gift of guns, with no money
exchanged, addressed.
President Mathias polled the Board: "YES" indicates favor of having the
ordinance revised to ban all firearm sales; "NO" indicates opposition:
YES: Kahn, Braiman
NO: Marienthal, Reid, Rubin, Hendricks
President Mathias polled the Board: "YES" indicates favor of having the
ordinance revised to ban all commercial firearm sales (language to be determined
by the Village Attorney) ; "NO" indicates opposition:
YES: Marienthal, Kahn, Rubin, Braiman
NO: Reid, Hendricks
President Mathias polled the Board: "YES" indicates favor of having the
ordinance revised to ban all sales of ammunition; "NO" indicates opposition:
YES: Kahn, Braiman
NO: Marienthal, Reid, Rubin, Hendricks
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President Mathias polled the Board: "YES" indicates favor of having the
ordinance revised to ban all commercial ammunition sales (language to be
determined by the Village Attorney) ; "NO" indicates opposition:
YES: Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NO: None
Moved by Braiman, seconded by Rubin, to defer consideration of the proposed
ordinance until September 12, 1994. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ZBA DECISION - FENCE VARIATION
Walter and Joan Osterman 2916 Whispering Oaks Drive, explained the reason that
they are asking for a fence variation, details of which are contained in Mr.
Hruby's memo to Mr. Balling of July 27, 1994.
Mr. Heinrich reviewed the discussion and decision of the Zoning Board of Appeals.
After discussion, it was moved by Marienthal, seconded by Reid, to uphold the
Zoning Board of Appeals decision regarding a request for a variance to the Fence
Code at 2916 Whispering Oaks Drive, Walter and Joan Osterman.
Mr. Osterman stated that, if their appeal is denied, they would like the Village
to have someone come out and assess the situation and make a recommendation.
Upon roll call, Trustees voted as follows on the motion:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
Mr. Balling stated that the Village Health Officer will be in touch with the
Ostermans to see if he can offer any assistance.
ZBA DECISION - FENCE VARIATION
Nancy Niazi, 1802 Brandywyn Lane, explained the reason that they are asking for
a fence variation, details of which are contained in Mr. Hruby's memo to Mr.
Balling of July 27, 1994.
Mr. Heinrich explained the discussion and decision of the Zoning Board of
Appeals; he reviewed the variance that was suggested by the ZBA.
After discussion, it was moved by Marienthal, seconded by Rubin to uphold the
Zoning Board of Appeals decision. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
TOWN CENTER - PHASE I REDEVELOPMENT - BYERLY'S FOOD STORE
Marc Schwartz, attorney for the developer, made a presentation to the Board,
details of which are contained in Mr. Dempsey's memo to Mr. Balling of
July 28, 1994.
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John Meyers, Vice President of Byerly's, presented a brief background of the
Byerly's organization; he then referred to the site plan and explained how the
building would fit into the Town Center; he explained the area they plan to draw
from and comparison to current food store chains; he has a signed Letter of
Intent with Simon.
Trustee Marienthal asked if consideration had been given to changing the frontage
configuration of the building; Mr. Schwartz stated that it had not, but they
would look into it.
Trustee Reid stated that he thinks this is a very nice store, and he would like
to see it someplace in the community, but not at this location; he does not want
to see this expansion carried out with tax monies, and he thinks it is
inappropriate to use tax monies to subsidize one business that will be in
competition with other businesses in the community.
Trustee Kahn stated that he believes this is exactly what the Town Center needs,
although he is concerned with the direct competition in this location; he
believes the store should face the same way as the rest of the Town Center.
Trustee Marienthal agreed with Trustee Reid's comments with regard to using tax
dollars to subsidize a food store to be in competition with existing food stores
in the community; he does not see why there should be a food store in the Town
Center; he believes this would be doing a disservice to the community; he does
not want to change the text of the B-5 ordinance.
Trustee Rubin stated that he believes this is what the Town Center needs, and he
looks forward to moving ahead.
Trustee Marienthal asked if there is a signed contract for a theater in the Town
Center; Mr. Schwartz stated that he will find out an answer to that question;
Trustee Marienthal stated that he does not have confidence in Simon at this
point.
Moved by Kahn, seconded by Rubin, to refer Byerly's at Town Center to the Plan
Commission for review. Upon roll call, Trustees voted as follows:
AYES: 4 - Kahn, Rubin, Braiman, President Mathias
NAYS: 3 - Marienthal, Reid, Hendricks
Motion declared carried.
EXECUTIVE MEETING
Moved by Kahn, seconded by Reid, to adjourn to Executive Meeting to discuss
Personnel. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
The Board moved to Executive Meeting from 9:41 P.M. until 10:21 P.M.
�•/ ADJOURNMENT
The Regular Meeting re-convened at 10:21 P.M.
Moved by Kahn, seconded by Rubin, to adjourn the meeting. Upon voice vote, the
motion was unanimously declared carried. The meeting was adjourned at 10:21 P.M.
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Jane. Sirabian, Village Clerk
APPROVED BY ME THIS /9' ?
DAY OF4/4-zi-rdA4A) , 1994.
Village resi ent