1994-10-03 - Village Board Regular Meeting - Minutes 9570
10/3/94
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, OCTOBER 3, 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; Phil Versten, Administrative Assistant; Robert Pfeil, Village Planner;
and Joseph Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Kahn, seconded by Braiman, to approve the minutes of the September 12,
1994 Special Meeting. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman
NAYS: 0 - None
ABSTAIN: 1 - Hendricks
Motion declared carried.
Moved by Kahn, seconded by Braiman, to approve the minutes of the September 19,
1994 Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Kahn, Braiman
NAYS: 0 - None
ABSTAIN: 2 - Reid, Rubin
Motion declared carried.
WARRANT #775
Mr. Tenerelli read Warrant #775. Moved by Marienthal, seconded by Reid, to
approve Warrant #775 in the amount of $1,251,268.18, 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.
RESOLUTION #94-44 - DUSTY RHODES
President Mathias read Resolution #94-44, commending Dusty Rhodes for Service to
the Village of Buffalo Grove as a Member of the Plan Commission from 1986 to
1994. Mr. Rhodes came forward as President Mathias presented the resolution to
him, and was congratulated by the audience and the Board.
Moved by Braiman, seconded by Kahn, to pass Resolution #94-44. 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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COMMISSION APPOINTMENTS
President Mathias appointed John Mackey to the Electrical Commission for a term
to expire 4/30/95.
Moved by Kahn, seconded by Reid, to concur with President Mathias' appointment.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
President Mathias appointed David Bendoff to the Board of Fire and Police
Commissioners for a term to expire 4/30/95.
Moved by Reid, seconded by Kahn, to concur with President Mathias' appointment.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
President Mathias recognized Mr. Bendoff and thanked him for his willingness to
serve on the Fire and Police Commission.
PROCLAMATION - TRICK OR TREAT
President Mathias read a Proclamation setting aside Monday, October 31, 1994,
2:00-7:00 P.M. as Trick or Treat Day in the Village of Buffalo Grove.
Trustee Kahn stated that the Village is in the process of coordinating a food
drive, so that, as parents accompany their children they will be able to receive
food items to be given to a food pantry.
Trustee Rubin stated that the Buffalo Grove Jaycees will open their Haunted
House to families with children with disabilities on October 15, 1994 from
1:00-3:00 P.M. Flyers will be distributed to schools and other agencies.
SWANCC
President Mathias reported on a recent SWANCC meeting, at which the agency's
Board of Directors voted to file a lawsuit against the United States Corps of
Engineers related to their denial of the agency's permit application.
LAKE-COOK/MILWAUKEE CONSTRUCTION
President Mathias noted the road construction at the intersection of Lake-Cook
and Milwaukee, and urged residents to avoid the intersection if possible, and if
not, to be patient and allow extra travel time.
VENDOR AWARD
President Mathias announced that Carmen Molinaro has been selected as Spaulding's
Midwest Region Merchandiser of the Year, and asked Mr. Balling to convey the
congratulations of the Board to Carmen.
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10/3/94
PLAN OIISSION
President Mathias read a letter of resignation from Martin Silbernik, resigning
as Chairman and Commissioner on the Plan Commission effective October 31, 1994.
President Mathias again asked that anyone interested in serving on the Plan
Commission submit a Talent Bank application.
CHAMBER OF COMMERCE AWARD
Ron Jonas, representing the Buffalo Grove Chamber of Commerce, presented an award
to Trustee Brian Rubin for his outstanding volunteer efforts in a new Illinois
Reaches Out Volunteer Recognition Program; he then noted all of the volunteer
organizations with which Trustee Rubin is involved. Trustee Rubin then was
congratulated by the audience and the Board.
STATE REPRESENTATIVE CANDIDATE
Trustee Hendricks introduced Edna Schade, candidate for State Representative.
CIVICS FORUM
Mr. Balling reviewed the upcoming Civics Forum being held for students at Buffalo
Grove, Wheeling and Stevenson High Schools to be held at the Village Hall on
Monday, October 24, 1994.
DIRECTIONAL SIGN
Trustee Marienthal noted that there is a directional sign to Buffalo Grove at the
Lake-Cook exit of Route 294.
QUESTIONS FROM THE AUDIENCE
President Mathias asked if there were any questions from the audience.
Rob Sherman brought the following three items to the Board's attention:
1. Wheeling has discontinued the sale of vehicle stickers, and he suggested that
Buffalo Grove do the same.
2. He asked about the monetary compensation to the Village from the recycling
program.
3. He commended the Board for developing a community that has a balanced tax
base between industrial, commercial and residential.
President Mathias responded to Mr. Sherman's comments.
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 #94-65 - Liquor Controls
Moved by Braiman, seconded y Hendricks, to pass Ordinance #94-65, Amending
Chapter 5.20, Liquor controls, creating a class B license for Kamon Restaurant.
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.
ORDINANCE #94-66 - Liquor Controls
Moved by Braiman, seconded by Hendricks, to pass Ordinance #94-66, Amending
Chapter 5.20, Liquor controls, creating a Class B license for Lees's Wok Inn.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
PROCLAMATION
Moved by Braiman, seconded by Hendricks, to pass the Proclamation designating the
month of October, 1994 as National Arts and Humanities Month in the Village of
Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
PROCLAMATION
Moved by Braiman, seconded by Hendricks, to pass the Proclamation proclaiming
October 1994 as Stay in School Month in the Village of Buffalo Grove. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
PROCLAMATION
Moved by Braiman, seconded by Hendricks, to pass the Proclamation setting aside
the week on October 2-8, 1994 as National 4H Week in the Village of Buffalo
Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
CHECKER PLACE
Moved by Braiman, seconded by Hendricks, to Approve the Final Plat of
Subdivision, Development Improvement Agreement and Attending Conditions - Checker
Place. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ABBOTT BUSINESS CENTER
Moved by Braiman, seconded by Hendricks, to Approve a Development Improvement
Agreement - Abbott Business Center, Lot 4. 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.
CLIFFORD CHRYSLER PLYMOUTH - Aesthetics
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Clifford Chrysler Plymouth, 925 W. Dundee Road - Facia upgrade
and sign and enhanced lighting. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
NORTHWEST COMMUNITY HOSPITAL TREATMENT CENTER - Aesthetics
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Northwest Community Hospital Treatment Center, lake Cook Road -
Parking Lot Lighting. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #94-67 - TOWN PLACE
Moved by Kahn, seconded by Reid, to pass Ordinance #94-67, approving an Amendment
to the Planned Unit Development Ordinance for a minor plan change - Town Place.
Todd Fishbein, attorney, made a brief presentation to the Board and introduced
Brian Hoffman of Red Seal Development.
Brian Hoffman then made a presentation to the Board, details of which are
contained in Mr. Pfeil's memo to Mr. Balling of September 29, 1994.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESOLUTION #94-45 - TOWN CENTER TIF
Mr. Balling reviewed the proposed resolution and the terms sheet regarding the
Town Center Tax Increment Financing.
Steven Fivel, Simon Property Group, stated that they agree with the conditions
set forth in the Terms Sheet.
Moved by Kahn, seconded by Braiman, to pass Resolution #94-45, approving the Town
Center Tax Incremental Financing District Term Sheet.
Trustee Kahn stated that the developer, has not earned the Village's trust; he
is not totally pleased with the agreement that has been worked out according to
the Term Sheet; he does believe that Melvin Simon has the ability and the
contacts to make the center a success; he is disappointed that this was not able
to be worked out earlier.
Trustee Reid asked Mr. Balling to clarify the payments to School District 102 and
the Park District; Mr. Balling responded. Trustee Reid stated that there is a
letter from the Park District stating that the least favorable choice of the Park
District is the choice that is currently being included in Term Sheet.
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Bob Ackerman representing School District 102 stated that the School Board has
not had an opportunity to discuss method of payment; they will support whatever
the Village Board decides on the issues.
Trustee Reid asked about the $40,000 to be held in escrow; Mr. Balling stated
that the Village still has approximately $38,000 of that amount left. Mr. Fivel
will present a letter relieving the Village of any exposure.
Mr. Brimm explained the Municipal Services Reimbursement Agreement.
Mr. Fivel stated that the Pickwick lease has been cancelled and a new agreement
has not been reached.
Trustee Marienthal stated that a food store was specifically prohibited in the
original B-5 ordinance; he does not believe there should be any restructuring of
any of the TIF bonds at this time; he is not in favor of restructuring the loan
at this time because he believes it would be doing a disservice to the residents
of the community.
President Mathias stated that the Byerly's is a completely separate issue.
Trustee Rubin explained his views regarding this issue and why he will support
this document.
Trustee Braiman stated that the Town Center is in place, and now the Board should
do whatever possible to try and turn it around and make it successful.
Trustee Hendricks stated that everyone wants the Town Center to become a viable
operation, however, Mr. Simon has had ample time to make it a viable operation,
but has failed in that attempt; he sees no reason to give him another
opportunity, and he cannot support this proposal.
Rob Sherman urged the Board to try and accommodate the request of the developer;
he believes the Village residents will support the development.
Dick Kloepfer, Raupp Boulevard, stated that the Town Center will always be a
glorified strip mall, and he believes the Village should let the developer take
the loss.
Mr. Raysa presented a revised fifth "Whereas" clause on the first page of the
proposed resolution.
When the document is revised, the references to MSA Realty will be changed to
read Simon Property Group.
Upon roll call, Trustees voted as follows on the motion:
AYES: 4 - Kahn, Rubin, Reid, President Mathias
NAYS: 3 - Marienthal, Reid, Hendricks
Motion declared carried.
WISCONSIN CENTRAL COMMUTER RAIL STATION
Moved by Kahn, seconded by Hendricks, to refer the Wisconsin Central Commuter
Rail Station to the Plan Commission for review.
Mr. Szymborski made a presentation to the Board, details of which are contained
in Mr. Pfeil's memo to Mr. Balling of September 29, 1994.
Bob Hamilton, project engineer, reviewed the site plan for the Board.
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Fred Bernheim stated that he will leave a sheet for the Board which tells what
the design of the station is based upon and how they came to it.
Upon roll call, Trustees voted as follows on the motion:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
EXECUTIVE MEETING
Moved by Kahn, seconded by Rubin, 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 9:15 P.M. until 9:35 P.M.
ADJOURNMENT
The Regular Meeting re-convened at 9:36 P.M.
Moved by Hendricks, seconded by Kahn, to adjourn the meeting. Upon voice
vote, the motion was unanimouslydeclared carried. The meetingwas adjourned
7
at 9:36 P.M.
./erWa> &Ala,
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 11-TH
DAY OF (:)a-rUBBE.?_ 1994.
Village resident