1995-01-09 - Village Board Special Meeting - Minutes 9620
1/9/95
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, JANUARY 9, 1995
CALL TO ORDER
President Mathias called the meeting to order at 7:45 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.
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;
Raymond Rigsby, Superintendent of Public Works; Police Chief McCann; and Joseph
Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Rubin, seconded by Hendricks, to approve the minutes of the December 19,
1994 Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman
NAYS: 0 - None
VACANT: 1
Motion declared carried.
WARRANT #781
Mr. Tenerelli read Warrant #781. Moved by Braiman, seconded by Rubin, to approve
Warrant #781 in the amount of $1,716,420.17, authorizing payment of bills listed.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
9-1-1 RESPONSE
Trustee Rubin reported that there was a 9-1-1 call at his synagogue on Saturday
night, and the response time was approximately 4 minutes; he was very pleased
with the response and very appreciative.
GOLF COURSE
Trustee Rubin asked if, on the week-ends, prior to normal tee-off times, nine
holes could be started from the second tee, which might increase the number of
rounds that could be played; he asked for a response from staff on the
feasibility of this suggestion, and reasons both pro and con.
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1993-94 AUDIT
Mr. Balling commented on the Management Letter from the auditors; there were no
recommendations in the letter, indicating satisfaction with Village financial
practices. This is the first time an issue-free opinion letter has been
received, and Mr. Balling thanked Mr. Brimm for the fine job undertaken in terms
of financial management and accounting.
�./ Moved by Reid, seconded by Rubin, to accept the Auditor's Management Letter.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
MUNICIPAL ELECTION
The Village Clerk reviewed the petition filing dates and procedures for the
April 4, 1995 Municipal Election.
CITIZEN AWARD
President Mathias noted the accident which occurred on November 29, 1994, and
introduced Police Chief McCann and Cpl. Scott Kristiansen.
Chief McCann read the Certificate of Appreciation to be presented to Ted Kopis
and Jeffrey Forsberg, reviewing the circumstances surrounding the November 29,
1994 accident and the actions of Mr. Kopus and Mr. Forsberg leading to the
presentation of these awards. Chief McCann presented awards to the two
gentlemen, who were then congratulated by the audience and the Board.
PUBLIC HEARING - STERLING CREEK
President Mathias opened the Public Hearing at 7:57 P.M. , and then read from the
Notice of Public Hearing published in the Daily Herald on December 24, 1994.
President Mathias swore in John Green, Richard Vane, Systems Design Group; Keith
Jacobs, The Villas at Manchester Greens; Kim Denkewalter, Attorney; and Larry
Davis, Attorney; to give testimony.
Mr. Green made a presentation to the Board, details of which are contained in Mr.
Pfeil's memo to Mr. Balling of January 5, 1995. Mr. Green referred to:
Exhibit A - Aerial Photo
Exhibit F - Current Site Plan dated 11/23/94
Exhibit B - Plan presented to Board on 9/19/94
Exhibit C - Plan used in Workshop Sessions with Plan Commission
President Mathias asked if there were any other governmental bodies or members
of the audience who wished to comment; there were none.
Plan Commissioner Samuels reviewed the discussion which took place at the Plan
Commission Meeting; he stated that there was no objection from the Fire
Department with regard to the cul-de-sac.
In answer to a question from Trustee Braiman, Mr. Pfeil stated that the bike path
would only be used for access in a very unusual situation; the bike path is not
to be considered a true access road. Trustee Braiman questioned the possibility
of widening the bike path so that it could be used as an access in case of
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emergency; he asked staff to investigate.
With regard to street lights, Mr. Green stated that they will be meeting all
ordinance standards.
At 8:17 P.M. , President Mathias continued the Public Hearing to January 16, 1995.
Mr. Raysa stated that the Annexation Agreement presented to this Public Hearing
is that Annexation Agreement entitled "Sterling Creek Subdivision Annexation
Agreement"; the draft before the Board tonight is that draft dated January 5,
1995.
QUESTIONS FROM THE AUDIENCE
Khalid Cosmo, 325 Checker Drive, commented on the survey mailed to residents with
regard to traffic on Checker Drive, stating that it was vague, and also that it
should have been directed to residents living on or within one block of Checker
Drive.
Richard Burz, 420 Checker Drive, thanked the Village for conducting the survey;
he also believes the survey was too broadly aimed; he believes that traffic will
still be too heavy even after Route 83 construction is completed.
Mr. Balling explained how the survey was put together.
Edward Baker, 421 Checker Drive, recommends a complete review; he believes there
needs to be more than one action taken; he recommends at least a four-way STOP
be installed.
Paul Bartusiak, 571 Checker Drive, stated they are asking that Checker Drive be
returned to its original status as a collector street for residents in that
neighborhood.
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;
a synopsis of each item on the Consent Agenda. There were no requests to remove
any items from the Consent Agenda.
ORDINANCE #95-1 - Wall Sign Variance
Moved by Rubin, seconded by Hendricks, to pass Ordinance #95-1, Granting a
Variance from Section 17.44.060.E.6.a. (ix) of the Buffalo Grove Municipal Code
as it concerns Wall Signs at Max's Deli and Restaurant, 228-230 McHenry Road.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
ORDINANCE #95-2 - Sign Code Variance
Moved by Rubin, seconded by Hendricks, to pass Ordinance #95-2, Granting a
Variance from Sections 14.32.010 and 14.36.010 of the Buffalo Grove Sign Code as
it concerns Ground Sign and Flags, Town and Country Homes entrance at Route 22.
Upon roll call, Trustees voted as follows:
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AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
ORDINANCE #95-3 - Windbrooke Apartments
Moved by Rubin, seconded by Hendricks, to pass Ordinance #95-3, consenting to the
Sale of the Windbrooke Apartments project. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
ORDINANCE #95-4 - Waiver of Fees
Moved by Rubin, seconded by Hendricks, to pass Ordinance #95-4, Amending Chapter
3.04 of the Municipal Code as it concerns Waiver of Fees for governmental units,
non-profit or charitable organizations. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
GROVE MEMORIAL CHAPEL
Moved by Rubin, seconded by Hendricks, to Approve the Plat of Vacation for Grove
Memorial Chapel, Buffalo Grove Road. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
BARCLAY STATION
Moved by Reid, seconded by Hendricks, to Approval of a Plat of Vacation and
Utility Easement - Barclay Station. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
APTAXISIC ROAD WATERMAIN
Moved by Reid, seconded by Hendricks, to Approve the Aptakisic Road Watermain
Easement Agreements. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
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TRUSTEE VACANCY
President Mathias reviewed the background with regard to filling the current
vacant Trustee position.
President Mathias placed the name of Gerard Moons into nomination to fill the
Trustee vacancy.
`./ Moved by Braiman, seconded by Rubin, to concur with President Mathias'
nomination.
In answer to a question from Trustee Rubin, Mr. Raysa stated that he had
contacted several associations, and all opinions, with the exception of one, were
that it was mandatory that the position be filled. Mr. Raysa believes that the
60 day provision makes it mandatory to fill the position within 60 days.
Trustee Reid stated that, notwithstanding the qualifications of the nominee,
he does not feel that it is necessary to fill the vacancy in the short period of
time remaining between now and the municipal election.
Trustee Braiman disagrees with Trustee Reid; he believes the election is a
separate issue; he believes it is the obligation of the Board to have six people
on the Board for advice and consent.
Moved by Marienthal, seconded by Rubin, to move to Executive Meeting to discuss
personnel. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
The Board moved to Executive Meeting from 8:47 P.M. until 9:08 P.M.
Moved by Marienthal, seconded by Rubin, to reopen the Regular Meeting. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
The Regular Meeting resumed at 9:08 P.M.
Trustee Marienthal stated that he knows Mr. Moons and believes him to be an
individual with an open mind and carry an independent viewpoint.
Upon roll call, Trustees voted as follows on the motion to appoint Gerard Moons
to fill the current Trustee vacancy:
AYES: 4 - Marienthal, Rubin, Braiman, President Mathias
NAYS: 2 - Reid, Hendricks
Motion declared carried.
President Mathias stated that the appointment will take place at the January 16,
1995 Regular Board Meeting; he thanked the Board for their points of view; he
also believes that Mr. Moons will be an independent Trustee.
Trustee Reid welcomed Mr. Moons to the Board and stated that he looks forward to
working with him.
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COMMISSION LIAISON APPOINTMENTS
President Mathias appointed Trustee Marienthal as liaison to the Plan Commission,
and Trustee Hendricks as liaison to the Buffalo Grove Days Committee.
COMMENDATION - BUFFALO GROVE HIGH SCHOOL EXPRESSIONS
President Mathias read a Commendation to the Buffalo Grove High School
�./ Expressions for their recent accomplishments during competition. Mr. Balling
will forward the Commendation to the Expressions.
PLAN COMMISSION
Trustee Rubin stated that, now that another member of the Plan Commission, has
left, it is imperative that Plan Commission vacancies be filled as soon as
possible.
ORDINANCE #95-5 - VILLAGE MANAGER COMPENSATION
Moved by Rubin, seconded by Reid, to pass Ordinance #95-5, establishing the
Annual Salary for the Village Manager.
President Mathias read the proposed ordinance.
Trustee Rubin stated that the Village is extremely fortunate to have Mr. Balling
at the helm; he and his staff are the reason the Village is viewed so favorably.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Mr. Balling thanked the Board for the increase, and for their support.
ORDINANCE #95-6 - GOLF APPROPRIATIONS
Moved by Hendricks, seconded by Braiman, to pass Ordinance #95-6, establishing
authorizing Appropriations for the Village of Buffalo Grove Golf Club and
Arboretum Golf Course funds for the period January 1, 1995-December 31, 1995.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
ORDINANCE #95-7 - L'ELEGANTE CUISINE
Trustee Rubin recused himself for the next two ordinances, since his firm
represents L'Elegante Cuisine, although they did not participate in negotiating
the contract with the Village, there could be the appearance of impropriety.
Mr. Balling explained the proposed ordinances, details of which are contained in
Mr. Brimm's memo to him of December 21, 1994.
Moved by Braiman, seconded by Reid, to pass Ordinance #95-7, amending Chapter
5.20 of the Liquor Controls Ordinance creating Class A liquor license for
L'Elegante Cuisine. Upon roll call, Trustees voted as follows:
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AYES: 4 - Marienthal, Reid, Braiman, Hendricks
NAYS: 0 - None
RECUSED: 1 - Rubin
VACANT: 1
Motion declared carried.
RESOLUTION #95-1 - L'ELEGANTE CUISINE
Moved by Reid, seconded by Braiman, to pass Resolution #95-1, approving a Food
Service Lease Agreement with L'Elegante Cuisine.
Mr. Brimm highlighted the significant aspects of the business relationship,
details of which are contained in his memo to Mr. Balling of January 5, 1995; the
agreement is ready for Board consideration; he introduced the lessees, Tom
Manetti, Bob Schneeberger.
Mr. Balling commended L'Elegante on the job that was done on the two catering
events that have already taken place.
The leased areas will be shown on the exhibits.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Braiman, Hendricks
NAYS: 0 - None
RECUSED: 1 - Rubin
VACANT: 1
Motion declared carried.
CENTRAL GARAGE BUDGET
Mr. Balling presented the "preview" Central Garage Budget, details of which are
contained in documents prepared by Raymond Rigsby, Suoerintendent of Public
Works; final presentation will be made to the Finance Committee in February, and
then the budget will be presented during normal budget hearing in March.
FY95-96 SQUAD CAR PURCHASE
Mr. Balling reviewed the proposal, details of which are contained in Mr. Rigsby's
memo to him of December 29, 1994.
Moved by Hendricks, seconded by Reid, to approve FY95-96 Squad Car purchases/
acceptance of joint bid, from Celozzi-Ettleson Chevrolet for a cost not to exceed
$89,101.26. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
EXECUTIVE MEETING
Moved by Reid, seconded by Hendricks, to move to Executive Meeting to discuss
Pending Litigation. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
VACANT: 1
Motion declared carried.
The Board moved to Executive Meeting from 9:32 P.M. to 9:50 P.M.
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ADJOURNMENT
Moved by Reid, seconded by Rubin, to adjourn the meeting. Upon voice vote, the
motion was unanimously declared carried. The meeting was adjourned at 9:50 P.M.
0.n. icy y)
i11Q et M. Sirabian, Village Clerk
APPROVED BY ME THIS 6 DAY OF , 1995.
Vill res