1995-02-21 - Village Board Special Meeting - Minutes 9646
2/21/95
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 TUESDAY, FEBRUARY 21, 1995
CALL TO ORDER
President Mathias called the meeting to order at 7:37 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, Hendricks and Moons. Trustee Braiman arrived at
7:55 P.M.
Also present were: William Balling, Village Manager; William Raysa, Village
Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance
Director; Robert Pfeil, Village Planner; and Police Chief McCann.
APPROVAL OF MINUTES
Moved by Hendricks, seconded by Reid, to approve the minutes of the
February 6, 1995 Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Hendricks, Moons
NAYS: 0 - None
ABSENT: 1 - Braiman
Motion declared carried.
WARRANT #784
Mr. Brimm read Warrant #784. Moved by Hendricks, seconded by Reid, to approve
Warrant #784 in the amount of $1,393,843.62 authorizing payment of bills listed.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Hendricks, Moons
NAYS: 0 - None
ABSENT: 1 - Braiman
Motion declared carried.
PROCLAMATION - AMERICAN RED CROSS MONTH
President Mathias read a Proclamation designating the month of March, 1995 as
American Red Cross Month, urging all citizens of Buffalo Grove to continue their
generous support and ready assistance to the work of the Mid-American Chapter of
the American Red Cross.
PROCLAMATION - SENIOR CELEBRATION DAY
President Mathias read a Proclamation designating May 10, 1995 as Senior
Celebration Day in recognition of the Seventh Annual Senior Celebration Day.
BLOOD DONOR COMMISSION
President Mathias noted a letter of resignation as of 4/30/95 from David Haft,
Co-Chair of the Community Blood Donor Commission. President Mathias then named
Barbara Spence as Chairman of the Community Blood Donor Commission.
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Moved by Marienthal, seconded by Reid, to concur with President Mathias'
appointment. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal,Reid, Rubin Hendricks, Moons
NAYS: 0 - None
ABSENT: 1 - Braiman
Motion declared carried.
BUSCH/WEILAND PROJECT
President Mathias reported on the Busch Road/Weiland intersection improvement,
noting that the Lake County Council of Mayors has approved advance funding; the
next step is to present the request to the CATS Council of Mayors.
ARLINGTON HEIGHTS ROAD/ROUTE 83
Trustee Marienthal reported that permanent signalization has now been installed
at the Arlington Heights Road/Route 83 intersection.
LAKE COOK/MILWAUKEE AVENUE
Trustee Marienthal asked for a progress report on the work taking place at this
intersection.
CABLE TV
Trustee Marienthal noted several recent cable outages, and asked staff what could
be done to eliminate these outages. President Mathias noted that Mr. Versten has
been in contact with Continental Cable, and Trustee Reid also reported on
the recent meeting of the Cable Consortium.
BUFFALO GROVE HIGH SCHOOL PARKING
Mr. Balling reported on the Buffalo Grove High School parking situation, details
of which are contained in his memo to the Board of February 16, 1995.
Trustee Reid stated that this is a situation which should be pursued, since the
basin will be unavailable for parking, and more students will have obtained
licenses.
Trustee Marienthal agrees; he believes the residents of the neighborhood should
be polled before implementation of any plan.
Trustee Hendricks also believes the residents should be polled because that area
becomes very congested.
Rob Sherman suggested the possibility of using the lot for the park just east of
the auto dealership.
MANAGEMENT REPORT
Mr. Balling noted the submission of the Management Report for the month of
January, and answered questions from the Board regarding the Strathmore Shopping
Center and sales tax.
Trustee Braiman arrived at this time.
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RESOLUTION #95-7 - INDUSTRIAL REVENUE BOND ALLOCATION
Mr. Balling reviewed the request of the Village of Lombard for directly seeding
our 1994 Industrial Revenue Bond allocation to them.
Joellen Charlton, Economic Development Administrator for the Village of Lombard,
further explained Lombard's request.
Trustee Reid congratulated Lombard on their creativity; he suggested that Buffalo
Grove look to the Northwest Municipal Conference in the future to see if there
is a more local need.
Moved by Reid, seconded by Braiman, to approve Resolution #95-7, authorizing
reallocation of Buffalo Grove's 1995 Volume Cap to the Village of Lombard,
Illinois. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYS: 0 - None
Motion declared carried.
PUBLIC HEARING - BUSCH GROVE COMMUNITY PARK
President Mathias opened the Public Hearing at 8:05 P.M. , and then read from the
Notice of Public Hearing published in the Daily Herald on February 6, 1995.
President Mathias swore in Michael Rylko and Larry Kmiecik to give testimony.
Mr. Rylko gave a brief presentation, details of which are contained in Mr.
Pfeil's memo to Mr. Balling of February 16, 1995; he referred to Exhibit A,
Master Plan dated November 23, 1993.
Mr. Rylko then answered questions from the Board with regard to lighting, timing,
and Farrington Drive.
President Mathias asked if there were any other agencies or citizens wishing to
comment; there were none.
Mr. Raysa noted that the document before the Board tonight is that certain
Annexation Agreement dated 2/15/95 entitled Busch Grove Community Park, Busch
Road/Buffalo Grove Road/Illinois Route 83.
At 8:15 P.M. , President Mathias continued the Public Hearing until March 20, 1995
for consideration of ordinances for annexation and zoning.
BUFFALO GROVE HIGH SCHOOL
Mark Elias, White Pine Road, noted that a Buffalo Grove High School student was
hit by a car on Dundee Road; he asked about the possibility of posting a police
officer at that location during lunch periods.
Chief McCann stated that his concern is that he is not able to guarantee a police
v officer at that spot every day of the year; in the event of another emergency,
the officer might have to respond elsewhere, creating even more of a danger to
students who would have come to rely on the officer being there.
Trustee Reid stated that the Village cannot solve this problem by themselves; the
school district, the Village of Arlington Heights, and the businesses also need
to be involved.
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A representative of Pizza Hut stated that he is allowed to serve pizza in the
cafeteria one day per week, and perhaps the other restaurants could do the same,
thereby decreasing the need for the students to go across Dundee or Arlington
Heights Roads to eat lunch.
President Mathias asked Mr. Balling to form a group including a representative
from Village staff, the Police Department, the business community, and the high
school, to address the problem.
�•/ OLD FARM/WESTCHESTER
Robin Weiss and Lee Singer, representing the residents of Old Farm and
Westchester, stated that Thompson Boulevard, between Buffalo Grove Road and
Weiland, has become very dangerous; they would like the Village to investigate
the possibility of lowering the speed limit, as well as putting in 3-way STOP
signs.
President Mathias stated that staff has already been instructed to review the
speed limit on all of the collector streets and report back to the Board.
ROUTE 83/BUSCH ROAD
Khalid Cosmo, 325 Checker Drive, asked about the status of the traffic light at
Route 83 and Busch Road. President Mathias responded, stating that an answer is
not available tonight.
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 read a synopsis of each item on the Consent Agenda. There were no requests
to remove any items from the Consent Agenda.
ORDINANCE #95-18 - Liquor Controls
Moved by Reid, seconded by Moons to pass Ordinance #95-18, Amending Chapter 5.20,
Liquor Controls, establishing a Class E license for Pizza Paddle Express, 1209
W. Dundee Road. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
RESOLUTION #95-8 - Northern Trust Company
Moved by Reid, seconded by Moons to pass Resolution #95-8, Regarding deposits at
the Northern Trust Company. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
RESOLUTION #95-9 - Corridor Planning Council
Moved by Reid, seconded by Moons, to pass Resolution #95-9, Supporting the
Landscape Design Standards adopted by the Corridor Planning Council of Central
lake County. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
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RESOLUTION #95-10 - Corridor Planning Council
Moved by Reid, seconded by Moons, to pass Resolution #95-10, Supporting the
Utility Line Standards adopted by the Corridor Planning Council of Central lake
County. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
�•/ RESOLUTION #95-11 - Corridor Planning Council
Moved by Reid, seconded by Moons, to pass Resolution #95-11, Supporting the
Design Treatment of Possible Future Expressway Standards adopted by the Corridor
Planning Council of Central lake County. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
RESOLUTION #95-12 - Northwest Housing Partnership
Moved by Reid, seconded by Moons, to pass Resolution #95-12, Approving an
Agreement with the Northwest Housing Partnership regarding single family
residential rehabilitation program. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
APTAKISIC ROAD WATERMAIN PROJECT
Moved by Reid, seconded by Moons, to Approve the Easement Agreements for Parcels
9, 16, 17, 19 and 20 for the Aptakisic Road Watermain Project. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
MIRIELLE SINGLE FAMILY HOMES - Aesthetics
Moved by Reid, seconded by Moons, to accept the Appearance Commission
Recommendation: Mirielle Single-Family Homes/Town & Country - Subdivision
Development Sign. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
CLIFFORD CHRYSLER - Aesthetics
Moved by Reid, seconded by Moons, to accept the Appearance Commission: Clifford
Chrysler, 925 W. Dundee Road - Sign Face Change. Upon roll call, Trustees voted
as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: 0 - None
Motion declared carried.
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RESOLUTION #95-13 - BIKE HELMETS
Trustee Rubin read the proposed resolution. Trustee Rubin then read an editorial
entitled "Education - Not Legislation" published in the Buffalo Grove Countryside
on February 16, 1995.
Trustee Rubin stated that he appreciated the full column editorial in the
newspaper, especially since the Village Board has been the subject of many
v attacks because of their opinion on this issue; he is uncomfortable when he
cannot support a request by District 96, of which he is a resident; he believes
elected officials must do what they believe is in the best interest of the 40,000
residents of the Village; he strongly believes in education in lieu of
legislation; he does not believe that the Village should take the place of
parental responsibility; he believes that passing laws, and then not strictly
enforcing them, shows complete disrespect for the law and teaches children that
laws are a "joke" .
Moved by Rubin, seconded by Hendricks, to pass Resolution #95-13, recommending
the use of bike helmets in the Village of Buffalo Grove.
Ivy Hall Principal John Mason stated that he appreciates the courtesies that have
been extended to him each time he has appeared before the Village; he again asked
the Board to consider passing legislation requiring the use of bike helmets;
wearing helmets will save the lives of thousands of children; he believes that
the raising of children requires the help of the entire community; the majority
of parents he has spoken to look forward to the support of the Village Board to
give a message to children that the wearing of helmets is required.
Andrea Frier, member of the District 96 School Board, conveyed the position of
the school board by reading a letter written by Marc Spivak and David Willard to
President Mathias dated February 15, 1995.
Eileen Mann stated, representing District 102, stated that this is a community
issue; she cited the seat belt law not being effective just through education;
she believes Buffalo Grove should take the initiative in passing a helmet law.
Dr. Richard Pervos, Board of Health Commission, stated that, in order to get good
education, you need legislation.
Mike DeAngelo, a student who required brain surgery as a result of a bicycle
accident in which he was not wearing a helmet, stated that legislation is
necessary because children tend to make fun of others who are wearing helmets.
Mark Rosenberg, pediatrician, urged the Board to reconsider helmet legislation;
he believes it is necessary in order to reduce the number of serious injuries due
to bicycle accidents; he noted statistics from the state of New Jersey, which
does have a helmet law, as well as from other governmental jurisdictions.
Jason Kasper, stated that safety has a lot to do with adults, since they are the
ones that vote and set examples for children; he asked that the legislation be
reconsidered for the well being of the children in the community; he believes
that the community, the Village Board, and the Police Department working together
can help prevent accidents.
Rob Sherman, encouraged the Board to reconsider the legislation because a
resolution is only a piece of paper which does not mean anything; he believes
there should be education and legislation; a law is something that children can
use to combat peer pressure; children do not have the maturity to make sound
judgements; signs could be posted throughout the Village stating that there is
a helmet law.
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Mark Elias stated that there is nothing more important than a child's life, and
the Village should take a more active role and pass this legislation.
Bill Rosenbaum, from Pizza Hut, stated that Pizza Hut would like to get involved,
and Pizza Hut is willing to donate a pizza party to every home room that has 100%
helmet compliance.
President Mathias stated that he would like to see more businesses get involved
in helping, not only through such programs as a pizza party, but also by helping
to provide helmets for those not able to afford them.
The Field Director for the Association of Elementary School Principals stated
that helmets would save many lives each year and believes that this is an
opportunity for the community to be of service.
Dana DeAngelo stated that children do not wear helmets because of peer pressure,
and parents do need help in getting their children to wear helmets; even with her
first-hand knowledge of what can happen when an accident occurs and a helmet is
not worn, education is not working, because of peer pressure.
Trustee Moons voted against the measure because he does not believe it is all-
inclusive; if legislation is passed, it should include anyone riding a bicycle,
not just children under 16.
Trustee Reid stated that he received a phone call from a resident who suggested
that the community service clubs have a program underwriting positive
reinforcements for children wearing helmets.
Trustee Braiman stated that he believes this is a very important issue, and asked
that a member of the prevailing vote bring the subject up for reconsideration.
Trustee Marienthal also asked for the subject to be reconsidered.
Trustee Rubin stated that he has no problem with reconsideration after the
resolution now before the Board is voted upon; he would like to see copies of
state and county legislation referred to this evening.
Upon roll call, Trustees voted as follows on the motion to pass Resolution
#95-13 :
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYS: 0 - None
Motion declared carried.
For purposes of discussion, it was moved by Rubin, seconded by Moons, to
reconsider an ordinance amending Title 10 of the Municipal Code requiring the use
of protective bicycle helmets for children under the age of 16. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYS: 0 - None
Motion declared carried.
Trustee Rubin again stated that he wants to see state and county ordinances
currently in effect, along with feedback from staff on their effectiveness; he
also suggested that some members of the school districts work with staff in
attempting to develop suitable language for an ordinance.
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Moved by Rubin, seconded by Reid, to defer action on a bicycle helmet ordinance
until requested information is obtained by staff. Upon roll call, Trustees voted
as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYS: 0 - None
Motion declared carried.
V Trustee Rubin asked anyone interested in working on this review process to
contact the Village Manager's office. President Mathias asked staff to put
something in the next Village newsletter to gather input from the entire
community.
President Mathias declared a recess from 9:54 P.M. - 10:05 P.M.
RESOLUTION #94-14 - SCAVENGER SERVICE
Mr. Balling reviewed the proposed resolution and contract, details of which are
contained in Mr. Brimm's memo to him of February 13, 1995.
Trustee Braiman stated that his concern is for the multi-family units that are
not being serviced by Waste Management; he would like to see discussion between
haulers, the accounts and the Village.
Trustee Moons posed a question with regard to commercial recycling, which was
answered by Mr. Balling.
Trustee Marienthal stated that, with education, we can have the same success rate
as we have had with the residential recycling program.
Moved by Rubin, seconded by Reid, to pass Resolution #95-14, authorizing the
execution of a residential scavenger service contract between the Village of
Buffalo Grove and Waste Management Northwest for a term to expire April 30, 1998.
Mr. Balling responded to a question from Rob Sherman regarding the value of
recyclables.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #95-19 - GARBAGE AND WASTE
Moved by Reid, seconded by Rubin, to pass Ordinance #95-19, amending Chapter
8.20, Garbage and Waste, of the Municipal Code; details of this ordinance are
contained in Mr. Brimm's memo to Mr. Balling of February 6, 1995. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYS: 0 - None
Motion declared carried.
ORDINANCE #95-20 - SERIES 1995 A BONDS
Mr. Balling reviewed the proposed ordinance, details of which are contained in
Mr. Brimm's memo to him of February 19, 1995.
Moved by Braiman, seconded by Rubin to pass Ordinance #95-20, providing for the
issuance of $5.1M Senior Lien Tax Increment Revenue Bonds, Series 1995A, not
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to exceed $1,850,000 Junior Lien Tax Increment Revenue Bonds, Series 1995B and
$3.4M Subordinated Second Lien Tax Increment Revenue Bonds, Series 1995C.
Trustee Reid asked some questions about the terms of the agreement that is being
proposed, which were answered by staff. Trustee Reid stated that, in the event
the theater were not to be built, there would be a period of time from 3/1/97
through 5/1/99 in which the school and park districts would get no money; he
would like to see a statement from those two taxing bodies regarding that
possibility. Trustee Reid also noted that these bonds are being sold at 8.5%,
which is exactly twice the interest the Village is paying on the $3M discussed
at the last meeting; he does not believe this is a good, solid investment.
Trustee Marienthal stated that the Village has just made a decision to make a
change in the food operation at the Golf Course because it was a good business
decision; he believes that a good business decision should also be made with this
center, and he hopes the other Board members make a smart choice on this issue
and know when to say "enough is enough" .
Trustee Hendricks stated that he agrees with Trustees Reid and Marienthal; he
does not believe that Simon is the right person for this job.
Trustee Moons read the entire letter written by District 102; he stated that the
Board must try and solve this issue for the benefit of the community; he believes
that we must "bite the bullet" and move ahead.
Trustee Rubin stated that only 10% of the property tax bill goes to the Village
of Buffalo Grove; approval of this proposal has been received from the taxing
bodies composing the other 90% of the tax bill; he also believes that it is time
to stop trying to place blame and move on.
Trustee Braiman agrees with Trustees Moons and Rubin; he believes this "horse has
been beaten to death", and he would call the question.
President Mathias stated that he does not know what will happen to this center
if these ordinances are passed; he believes the Board is taking a risk; he
believes that the risk is worth taking; he does not believe the Board can let the
center go.
Richard Drazner, representing the Chamber of Commerce, noted that the TIF
extension is endorsed by the Chamber, and he urged the Board to vote
affirmatively.
Upon roll call, Trustees voted as follows on the motion:
AYES: 4 - Rubin, Braiman, Moons, President Mathias
NAYS: 3 - Marienthal, Reid, Hendricks
Motion declared carried.
Marc Schwartz thanked the Board for their efforts, and also the staff for their
tremendous efforts in putting this together.
ORDINANCE #95-21 - RELICS OF OLDE
Moved by Marienthal, seconded by Reid, to pass Ordinance #95-21, approving a re-
zoning to the R-4A District and approving a Preliminary Plan - Relics of Olde
property, 940 McHenry Road, to include Plan Commission recommendations; details
are contained in Mr. Pfeil's memo to Mr. Balling of February 16, 1995.
Bill Slatery, 850 Woodhollow Lane, relayed the concerns of the residents about
the change in zoning as expressed at the Plan Commission. Plan Commissioner
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Howard reviewed the decision of the Plan Commission, stating that the negative
vote was because there was too much on the property, not because of the
engineering. Trustee Braiman stated that he would prefer to see R-4 zoning.
President Mathias polled the Board as to whether they would prefer the plan as
is, or want it sent back to the Plan Commission:
AS IS: Marienthal, Reid, Rubin, Hendricks, Moons
PLAN COMMISSION: Braiman
Upon roll call, Trustees voted as follows on the ordinance:
AYES: 5 - Marienthal, Reid, Rubin, Hendricks, Moons
NAYS: 1 - Braiman
Motion declared carried.
John Gilmore thanked Mr. Pfeil and Mr. Kuenkler for all of their help in getting
through this process, and noted that they are a real asset to the community
OLSON AND JESPERSON PROPERTIES
Moved by Marienthal, seconded by Hendricks, to refer the Olson and Jesperson
properties, Prairie Road/Illinois Route 22, to the Plan Commission for review.
Larry Olson made a brief presentation to the Board, details of which are
contained in Mr. Pfeil's memo to Mr. Balling of February 16, 1995.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYS: 0 - None
Motion declared carried.
WISCONSIN CENTRAL PROJECT
Moved by Hendricks, seconded by Reid, to authorize bid for the Wisconsin Central
Project, details of which are contained in Mr. Weyrauch's memo to Mr. Balling of
February 15, 1995. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYS: 0 - None
Motion declared carried.
ADJOURNMENT
Moved by Rubin, seconded by Reid, to adjourn the meeting. Upon voice vote, the
motion was unanimously declared carried. The meeting was adjourned at
11:40 P.M.
riianetm. Sirabian, Village Clerk
APPROVED B ME THIS C.tk, DAY OF '1a4 , 1995.
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