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1994-09-12 - Village Board Special Meeting - Minutes 9555 9/12/94 MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, SEPTEMBER 12, 1994 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, Kahn, Rubin, and Braiman. Trustee Hendricks was 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; Ray Rigsby, Superintendent of Public Works; Robert Pfeil, Village Planner; Richard Kuenkler, Village Engineer; Police Chief McCann; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Kahn, seconded by Braiman, to approve the minutes of the August 1, 1994 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. Moved by Kahn, seconded by Braiman, to approve the minutes of the August 15, 1994 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 3 - Marienthal, Kahn, Braiman NAYS: 0 - None ABSTAIN: 2 - Reid, Rubin ABSENT: 1 - Hendricks Motion declared carried. WARRANT #773 Mr. Tenerelli read Warrant #773. Moved by Marienthal, seconded by Kahn, to approve Warrant #773 in the amount of $2,275,042.47, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. GOVERNOR'S HOMETOWN AWARD President Mathias read the Governor's Hometown Award and presented same to Chief McCann, who accepted on behalf of the Police Department and Omni Youth Services. 9556 9/12/94 RESOLUTION #94-38 - WILLIAM H. BENNETT President Mathias read Resolution #94-38, recognizing Sergeant Bennett's retirement from the Buffalo Grove Police Department. Moved by Braiman, seconded by Reid, to pass Resolution #94-38. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. RESOLUTION #94-39 - STUART B. PARETS President Mathias read Resolution #94-39, recognizing Sergeant Parent's retirement from the Buffalo Grove Police Department. Moved by Braiman, seconded by Kahn, to pass Resolution #94-39. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. CHAMBER OF COMMERCE WEEK President Mathias read a Proclamation designating the week of September 18 through September 24, 1994 as Chamber of Commerce Week in the Village of Buffalo Grove. APPEARANCE COMMISSION President Mathias appointed Richard Gorden as the Chairman of the Appearance Commission. Moved by Kahn, seconded by Reid, to concur with President Mathias' appointment. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn,Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. BUFFALO GROVE DAYS President Mathias commented on the success of Buffalo Grove Days, and thanked staff and committee members for all of their hard work. Trustee Rubin also thanked the committee and staff for their dedication in making this event a success; he also commented on the success of the carnival time for disabled children on Monday, and thanked all the organizations and businesses who made it possible. Trustee Marienthal echoed Trustee Rubin's comments, and also thanked the Park District for their involvement. 9557 9/12/94 BILLBOARDS President Mathias reported on a recent meeting with the Wisconsin Central Railroad, and his request for removal of billboards, or at least standards for same. PARENTAL RESPONSIBILITY LAW President Mathias noted that similar legislation to Buffalo Grove's Parental Responsibility law has been passed in Springfield, making it the law of the State of Illinois also. CITIZEN AWARD PRESENTATIONS Chief McCann explained the basis for these awards, details of which are contained in his memo to Mr. Balling of September 1, 1994. Chief McCann then read and presented Awards to George and Maureen Barberio, and Miguel Perez, in appreciation for their assistance to the Buffalo Grove Police Department. PUBLIC HEARING - THE COVES PRELIMINARY PLAN President Mathias read from the Notice of Public Hearing which was published in the Daily Herald On August 27, 1994, and called the Public Hearing to order at 8:10 P.M. President Mathias swore in the following witnesses to give testimony: Marc Schwartz, Attorney; John Martin, JEN Land Design; Frances Fazio, Manhard Consulting; and Edward Schwartz, Developer. Marc Schwartz presented a brief history of the proposed development. John Martin then made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of September 8, 1994; he referred to Exhibit 1 - Overall Site Plan/Site Location, and Exhibit 2 - Revised Site Plan. Marc Schwartz made note of the zoning on the surrounding properties; he stated that they believe that the re-zoning from office and research to residential would be a less intrusive classification and more harmonious with the surrounding classifications; there is significant demand for the proposed homes. In answer to a question from Trustee Reid, Mr. Schwartz stated that the proportionate compensation for the Covington Homeowners Association for detention maintenance is $250/300 per annum for the entire development; the majority of their detention is on site. In answer to a question from Trustee Braiman, Mr. Martin stated that the closest contact point from building to building between Covington Manor and the proposed development would be approximately 87' . Elroy Sandquist, representing the Covington Manor Homeowners Association, stated that the Association has considered all of the relevant information concerning the petition and remains steadfastly opposed to its approval; the Association believes the revised plan does not fundamentally change any of the objections which have been raised throughout the long history of this petition. John Allen, 367 Covington Terrace, stated that the primary objection many people have to the proposed development is that it will be ugly and detract from the appearance of Covington Manor, and they urge the Board to refer this back to the Plan Commission. 9558 9/12/94 Ruth Reynolds, 367 Parkview Terrace, commented on involvement of the Park District, to which Trustee Rubin pointed out that the Park District is a separate body with its own Board and taxing authority. At 8:36 P.M. , President Mathias continued the Public Hearing until later on in the meeting. { QUESTIONS FROM THE AUDIENCE \,•/ President Mathias asked if there were any questions from the audience. Brian Dvoret, 1790 Delaware Trail, Wheeling, a prospective owner of BG Liquors in The Plaza, expressed concern that a very strong competitor has applied for a liquor license, and asked if the Board could offer any assistance. After discussion on the matter, the Board opted not to take any action on the competitors liquor license application in question. 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; it was requested that Item XI. , B. be removed, and it was requested that Item XI. , H be considered before Item XI. , C. ORDINANCE #94-56 - Stormwater Management Moved by Reid, seconded by Braiman, to Amend Chapter 13.12 of the Municipal Code Concerning Stormwater Management. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. SANTUCCI PROPERTY Moved by Reid, seconded by Braiman, to Accept the Santucci Association warranty deed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. ORDINANCE #94-57 - Disposal of Surplus Property Moved by Reid, seconded by Braiman, to Authorize the disposal of surplus Village personal property. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, President Mathias NAYS: 0 - None v ABSENT: 1 - Hendricks Motion declared carried. ORDINANCE #94-58 - Barclay Station Moved by Reid, seconded by Braiman, to Provide for the sale of certain real estate - Lot 1 in the Barclay Station subdivision. Upon roll call, Trustees voted as follows: 9559 9/12/94 AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. RESOLUTION #94-40 - Busch Pkwy. Deerfield Pkwy. Moved by Reid, seconded by Braiman, to Request the Northwest Cook County CATS Council of Mayors to approve ISTEA Grant funding for the busch Parkway and Deerfield Parkway intersection improvement. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. RESOLUTION #94-41 - Continental Cablevision Moved by Reid, seconded by Braiman, to postpone acceptance of Continental Cablevision's basic tier cable rates. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. RESOLUTION #94-42 - Zoning Map Moved by Reid, seconded by Braiman to Adopt the official zoning map of the Village of Buffalo Grove, IL. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. ARBOR CREEK BUSINESS CENTRE Moved by Reid, seconded by Braiman to Approve a Certificate of Initial Acceptance and Approval - Lot 21, Arbor Creek Business Centre. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. COMERICA BANK Moved by Reid, seconded by Braiman, to Approve a Final Plat of Subdivision and Development Improvement Agreement - Busch and Weiland Subdivision (Comerica Bank) . Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. 9560 9/12/94 ROSEGLEN SUBDIVISION Moved by Reid, seconded by Braiman, to Approve a Quit Claim Deed - Roseglen Subdivision/Lot C in Strathmore Unit 4. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. BILLS YOUTH FOOTBALL ASSOCIATION (Fee Waiver) Moved by Reid, seconded by Braiman, to Approve a fee waiver - Raffle for the Bills Youth Football Association. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. ORDINANCE #94-59 - THE COVES OF BUFFALO GROVE Moved by Kahn, seconded by Reid, to pass Ordinance #94-59, approved a Planned Unit Development and Preliminary Plan for The Coves of Buffalo Grove/Edward Schwartz & Co. development. Trustee Marienthal stated that he believes that this does belong at the Plan Commission before coming to the Board. Trustee Rubin explained how his perception of the proposed development has evolved since it first came before the Board, and why he will support the proposal before the Board tonight. President Mathias stated that he had previously ruled that this will take a majority of five affirmative votes to pass. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Kahn, Rubin, Braiman, President Mathias NAYS: 1 - Marienthal ABSENT: 1 - Hendricks Motion declared carried President Mathias closed the Public Hearing at 8:50 P.M. ORDINANCE #94-60 - WEAPONS SALES Trustee Braiman commented on the history of the proposed ordinance. Mr. Raysa commented on the Federal Crime Bill as well as the ordinance before the Board tonight, details of which are contained in Mr. Szymborski's memo to Mr. Balling of September 8, 1994, and Mr. Raysa's letter to Mr. Szymborski of September 7, 1994. After discussion, it was moved by Braiman and seconded by Kahn, to pass Ordinance #94-60, creating Chapter 9.90 of the Municipal Code as it concerns the sale of weapons, as contained in the 9/7/94 draft. 9561 9/12/94 Trustee Rubin would not support a ban on possession, but he will support this revised document. Trustee Reid stated that what this actually does is codify what has been the position within the Village as contained in the home sales ordinance. Nathan Magit, 821 Dannet Road, presented a letter stating objections to the proposed ordinance from Alfred E. Levinson to Trustee Braiman dated September 12, 1994. A resident asked how much money was spent developing the proposed ordinance; Mr. Balling stated that research would have to be done to come up with that figure. Lou Nuchio, 1392 Mill Creek Drive, asked if there were many crimes committed in Buffalo Grove with firearms; Chief McCann replied that there were not; Mr. Nuchio also asked which members of the Village Board possess firearms; Trustee Rubin replied that possession is not the issue of the proposed ordinance. Upon roll call, Trustees voted as follows on the motion: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. RESERVOIR NO. 1 REPAIRS Mr. Balling reviewed this request, details of which are contained in Mr. Boysen's memo to him of September 2, 1994. Moved by Kahn, seconded by Reid, to approve bid waiver for Reservoir No. 1 Joint repairs. Trustee Reid questioned paragraph three in Mr. Boysen's memo; he stated that, if there is a problem with the bidding process, perhaps there is a problem writing the specifications; Mr. Boysen explained. Trustee Braiman stated that he is concerned about the bid waiver itself. Mr. Boysen stated that repairs to this facility are difficult because it is needed in the summer months, and the temperature is a factor in the winter months. Trustee Kahn stated that perhaps the bid process should have been begun during the summer, with work to commence in the fall. Trustee Marienthal agrees with Trustee Kahn, and questioned why this was not brought to the Board's attention in the spring when the problem became apparent; Mr. Boysen responded. Upon roll call, Trustees voted as follows on the motion: AYES: 3 - Kahn, Rubin, Braiman NAYS: 2 - Marienthal, Reid ABSENT: 1 - Hendricks Mr. Raysa noted that bid waivers require four affirmative Trustee votes, therefore, the motion was defeated. Trustee Reid suggested that staff come back to the Board with a bid proposal at the earliest possible date. 9562 9/12/94 FLEET REPLACEMENT Mr. Balling explained the request to bid, details of which are contained in Mr. Rigsby's memo to him of September 8, 1994. Moved by Rubin, seconded by Kahn, to authorize bid for Fleet Replacement. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. POLICE DEPARTMENT VEHICLES Mr. Balling explained the request of the Police Department, details of which are contained in Chief McCann's memo to him of September 9, 1994. Moved by Kahn, seconded by Reid, to authorize bid waiver and purchase of two Windstar vans for Police Department G.S.O. use. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. NEWTOWN DRIVE PARKING Lengthy discussion took place regarding the detrimental effect the proposed ordinance, details of which are contained in Mr. Kuenkler's memo to Mr. Balling of August 30, 1994, would have on the park, which uses the street parking. Moved by Braiman, seconded by Rubin, to defer consideration on this item, and asked staff to further investigate, i.e. limiting parking to certain hours, etc. , and coming back with their recommendation. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. EXECUTIVE MEETING Moved by Kahn, seconded by Reid, to adjourn to Executive Meeting to discuss Litigation. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks L/ Motion declared carried. The Board moved to Executive Meeting from 9:47 P.M. until 9:56 P.M. 9563 9/12/94 ADJOURNMENT The Regular Meeting re-convened at 9:56 P.M. Moved by Reid, seconded by Marienthal, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:56 P.M. Ja II M. Sirabian, Village Clerk APPROVED BY ME THIS l ✓ ' DAY OF tl�� � L�L'�� , 1994. Village President