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1995-04-17 - Village Board Regular Meeting - Minutes 9680 4/17/95 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, APRIL 17, 1995 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, Rubin, Braiman, Hendricks, Glover. 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; Ray Rigsby, Superintendent of Public Works; Richard Kuenkler, Village Engineer; Deputy Police Chief Art Voigt; Robert Giddens, MIS Director; Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Hendricks, seconded by Reid, to approve the minutes of the April 3, 1995 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Braiman, Hendricks NAYES: 0 - None ABSTAIN: 2 - Rubin, Glover Motion declared carried. WARRANT #788 Mr. Tenerelli read Warrant #788. Moved by Hendricks, seconded by Rubin, to approve Warrant #788 in the amount of $1,778,410.96, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. PROCLAMATION President Mathias read the Arbor Day Proclamation setting aside April 28, 1995 as Arbor Day in the Village of Buffalo Grove. Mr. Rigsby then presented the Tree City USA plaque and flag to President Mathias. This is the seventh consecutive Tree City award which the Village has received. Mr. Rigsby described the standards required to achieve the award. PROCLAMATION President Mathias read the Earth Day Proclamation declaring April 22, 1995 as Earth Day in Buffalo Grove which he will present to the Park District. PROCLAMATION President Mathias read the Proclamation declaring April 23-30 as Days of Remembrance Days in Buffalo Grove. 9681 4/26/95 TOWN CENTER STORE OPENINGS President Mathias noted that he had attended Binny's Beverage Depot grand opening Friday, April 14 and will be attending Max's Deli grand opening this weekend. Both stores are located in the Town Center. COMMISSION FOR RESIDENTS WITH DISABILITIES FORUM Trustee Rubin reported on the forum held by the Commission for Residents with Disabilities with local School District #125 discussing how they educate students with disabilities. He thanked Dr. Richard DuFour and Eileen Paul from School District #125 for their work on the forum. POLICE DEPARTMENT President Mathias congratulated the Buffalo Grove Police Department for their high ranking in the State for DUI arrests and for the largest percentage of increase in DUI arrests. MANAGEMENT REPORT Mr. Balling submitted the Management Report for the fourth quarter; there were no questions on same. PARKCHESTER PARK PARKING Mr. Balling reported that the Park District Board met and has made the following suggestions concerning Parkchester Park. There will be no further development of parking on the west side of Weiland Road. The elements of the park cannot be modified due to specifications pursuant to federal grant. They will reevaluate land use at Sterling Creek. The Village will look at Marie Drive for possible parking space. Short range plans will be congestion abatement, parking restrictions and to provision of reasonable street parking. The long range plan for the Park District will be to provide like elements in other parks in the area diverting some activity. The long range plan for the Village will be to look carefully at park uses with future subdivisions. Mr. Balling recommended that no further Board action be taken at this time. Parking over the weekendhad been monitored and citations for illegal parking had been issued. Joe Novak, 400 Parkchester, stated his concerns that people ignored the no parking restrictions and asked for continued monitoring of the situation. He requested that some on the amenities be removed if the problem continues after new parks are developed. Trustee Marienthal asked if discussions could take place with Comerica Bank for use of their parking lot for park use during off hours. Trustee Reid requested vigorous enforcement of the no parking in order to keep the intersection safe. NWMC - Vice President Mr. Balling congratulated President Mathias on being elected as Vice President of the Northwest Municipal Conference. He will take office at the May 5, 1995 meeting. 9682 4/17/95 GFOA AWARD - William Brimm Mr. Balling presented an Award of Financial Achievement from the Government Finance Officers Association to William Brimm for Excellence in Financial Reporting. He was congratulated by the audience and the Board for receiving this award for the twelfth year in a row. RESOLUTION #95-27 Support of IL Route 53 Extension President Mathias introduced Patrick Pechnick, Program and Environmental Studies Section Chief for IDOT, who introduced the following people in attendance for the presentation: Ron Deverman, Barton-Aschman, engineering and environmental; Paul Kovacs, T.Y. Lin Bascor, drainage consultants; Rick Wojack, IDOT, hydraulics engineer for the project. IDOT is working with the Illinois Tollway to write an environmental impact statement as part of the Corridor Planning Council activities. The statement sets forth study zones which dictate how the highway is designed. Study zone 3, which will be discussed tonight, includes Lake Cook Road to Cuba Road. Ron Deverman discussed the engineering and environmental portions of Zone 3 which covers 3.5 miles from Lake Cook Road to north of Cuba Road. He gave an overview of the preferred alignment, which consists of existing roadway features and environmental features such as wetlands and flood plains. Alternate alignments were designed to cross the narrowest portion of wetlands, wood lands, and disrupt the fewest businesses and residences with the lowest noise impact. Paul Kovacs described the drainage conditions. Study zone 3 lies entirely within the Buffalo Creek Watershed. It has 2 major streams: the tributary to Buffalo Creek which connects with Buffalo Creek. Storage areas for runoff water are considered as a flood plain also. The primary drainage concern is to keep direct discharge away from the wetlands. Ron Deverman discussed proposed road way improvements. The proposed Highway 53 is designed to tollway standards and influenced by corridor standards. Crossroads go over the main line. He described how the cross roads would be aligned. Paul Kovacs listed the goals, objectives, and design concepts which met the unique standards of the project. The first objective was to preserve the existing drainage patterns and to keep the water within the same watershed using the best management techniques set by the Corridor Planning Council. Their plan is to store the storm water next to the highway in order to avoid runoff due to added pavement. This will protect the wetlands, lakes, and ponds from the discharge. IDOT will integrate their plans with local and regional plans. Phyllis Korogodsky representing the Buffalo Grove Chamber of Commerce expressed the Chambers commitment to economic development of businesses in Buffalo Grove and support of the extension of HYW 53. The Chamber appreciates IDOT's concern for the environmental impact and supports the efforts and recommendations of the Corridor Council. Pat Austin, 1358 Gail Drive, representing Condell Medical Center was happy to see 1 IDOT was responsive to the concern of the environment. The development of Lake County adds to the congestion of the inadequate roads; Condell urges the Board to continue their support of the extension of Route 53. Mike Samuels, 1146 Sandhurst, of Samuels & Associates expressed his frustration on the transportation system of Lake County. He urged the upgrading and expansion of Route 22 and Deerfield Road as well as the extension of Route 53 to State Route 120. 9683 4/17/95 Gary Rushde, Lake Zurich Village Planner, stated that Lake Zurich is a member of the Corridor Planning Council of Central Lake County and supports efforts to expand the future transportation needs of the area. The Village of Lake Zurich supports cooperation with IDOT, and the Illinois State Tollway Authority to complete design and engineering of the extension of IL Highway 53. Stephen Goldspiel, Plan Commission Chairman, discussed how the economic and residential development of the area dictates a safe and effective transportation system that includes a limited access highway. He supports the expansion of Highway 53. Mr. Balling read into the record letters received from the Village of Palatine and from the Greater Palatine Chamber of Commerce who support the extension of Highway 53 and acquisition of all rights-of-way to secure the completion of the extension. He also read a resolution endorsing the extension which will be acted upon at the Palatine Village Board meeting tonight. Robert Sherman, P.O. Box 7474, asked the Board for the extension and to include the following. He urged the Council to be environmentally practical, but save a home before a minor environmental aspect. He encourages the extension to link up with 120 and further to hook up with the interstate grade of US Hwy 12 in Wisconsin. Trustee Rubin saluted Trustee Reid as Buffalo Grove's liaison to the Corridor Planning Council for several years as an active participant looking out for our residents. He expressed his appreciation to Trustee Reid. Trustee Reid explained that the Corridor Council is made up of 14 communities located within 1.5 miles of the proposed Route 53 along with participation of Lake County, IDOT, and the State Tollway Authority. The CPC established standards to use for development of the highway that could be used in our communities. The right of way was laid out 30 years ago. Aided wet lands, and developments formed in the path of the highway. He thanked IDOT and the consulting firms for their presentation tonight. Plans for the proposed Route 53 are available in the Public Works Department for the public to view. President Mathias stated that the purpose of the Council was get all towns affected to set standards, not to be pro expansion or anti expansion. He felt that input of those Villages who left the Council, would be beneficial to the project. Moved by Reid, seconded by Rubin, to pass Resolution #95-27, In Support of the Extension of Illinois Route 53 from Lake Cook Road to State Route 120. Upon roll call, Trustees voted as follow: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. President Mathias thanked Pat Pechnick for the presentation and requested that he take this resolution to IDOT and the Governors office. APPROPRIATION ORDINANCE 1995-96 PUBLIC HEARING President Mathias opened the Public Hearing at 9:10 P.M. , noting that the Notice of Public Hearing was published in the Daily Herald on April 7, 1995. Mr. Brimm made a brief presentation regarding the Appropriation Ordinance, details of which are contained in his memo to Mr. Balling of March 24, 1995. 9684 4/17/95 He noted that the Public Hearing is a statutory requirement. The ordinance provides for appropriations of $41,499.00 for all funds. It establishes a legal ceiling for expenditures for FY 1995-96. President Mathias asked if there were any comments or questions from anyone in the audience or on the Board or any other governmental agencies; there were none. At 9:14 P.M. President Mathias continued the Public Hearing until May 1, 1995. v QUESTIONS FORM 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; he then read a brief synopsis of each of the items on the Consent Agenda; there were no requests to remove any items from the Consent Agenda. Trustee Reid recused himself from voting on Approval of Waiver of Fees for Kingswood Methodist Church. Trustee Rubin noted that the ordinance concerning handicap parking is for new construction or reconstruction of parking lots. Owners of all other parking lots would be asked to voluntarily comply. Residents could contact shopping centers who are not changing the signage to the $100 fine and urge them to change. The Residents with Disabilities Commission will also be urging shopping centers to change the signage. The Commission is proposing changes in the Zoning Ordinance so the Commission will know when construction of parking lots is occurring and will be able to notify them of the ordinance. ORDINANCE #95-36 - Tenerife Subdivision Moved by Braiman, seconded by Hendricks, to pass Ordinance #95-36, approving a Variance to Section 16.50.040.C. of the Development Ordinance - Tenerife Subdivision. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. ORDINANCE #95-37 - Handicap Parking Moved by Braiman, seconded by Hendricks, to pass Ordinance #95-37, Amending Chapter 10.16 of the Municipal Code as it concerns raising the fine for illegal parking in a handicap parking space to $100.00. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. 9685 4/17/95 RESOLUTION #95-28 - Cable Television Rates Moved by Braiman, seconded by Hendricks, to pass Resolution #95-28, Concerning Cable Television rates. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. RESOLUTION #95-29 - 1995 Street Maintenance Program Moved by Braiman, seconded by Hendricks, to pass Resolution #95-29, For Improvement by Municipality Under the Illinois Highway Code - 1995 Village wide Contractual Street Maintenance Program. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. RESOLUTION #95-30 - Rescinding Resolution #95-7 Moved by Braiman, seconded by Hendricks, to pass Resolution #95-30, Rescinding Resolution #95-7, regarding private activity bonds. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. MIRIELLE PHASE I - Wisconsin Central Agreement Moved by Braiman, seconded by Hendricks, to Approve an Agreement for Construction and Maintenance of Sanitary Sewer Forcemain with the Wisconsin Central - Mirielle Phase I. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. GROVE MEMORIAL CHAPEL - Plat of Subdivision Moved by Braiman, seconded by Hendricks, to Approve a Final Plat of Subdivision, Development Improvement Agreement and Other Attending Conditions - Grove Memorial Chapel. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. KINGSWOOD UNITED METHODIST CHURCH - Waiver of Fees Moved by Braiman, seconded by Hendricks, to Approve a Fee Waiver for Permit Fees and Municipal Tap-on Charges - Kingswood United Methodist Church. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None RECUSE: 1 - Reid Motion declared carried. 9686 4/17/95 LAKE COUNTY ANIMAL RABIES CONTROL SERVICE CONTRACT Moved by Braiman, seconded by Hendricks, to Approve an Animal Rabies Control Service Contract with Lake County Health Department. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. ST. PAUL BANK - Aesthetics Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission Recommendation: St. Paul Bank, 1 W. Dundee Road - New Parking Lot, Drive-up and Landscaping. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. ORDINANCE #95-38 - Kingswood United Methodist Church Trustee Reid recused himself from voting and discussion on this item. Moved by Marienthal seconded by Braiman, to approve Ordinance #95-38, Amending a Special Use and approving a Preliminary Plan in the R-1 One-Family Dwelling District - Kingswood United Methodist Church, 401 W. Dundee Road, details of which can be found in Mr. Pfeil's memo to Mr. Balling dated April 13, 1995. Bruce Hoffman, Chairman of the Administrative Board of Kingswood Methodist Church, made a presentation to the Board discussing engineering, landscaping, drainage and lighting plans. Mr. Kuenkler informed President Mathias that the drainage is accordance with Village ordinance. Mr. Hoffman is not be requesting Village approval of Phase II tonight. Trustee Marienthal amended his motion to include all agreements made by the developer and the Plan Commission at the meeting held on April 5, 1995. Plan Commissioner Maureen Howard informed the Board that the Plan Commission vote on the Project was 8-0. The traffic flow was of concern to the Plan Commission and has been resolved. Trustee Braiman wanted to be sure of the signage on the ingress and egress. Mr. Hoffman replied that arrows for the ingress would go easter and the egress arrows would be west. Trustee Braiman also asked if the existing structure would comply with the fire code. Mr. Hoffman replied that the entire structure would have sprinklers. �./ Rob Sherman stated his concern was the access points to the church. He urged the Board not to allow the traffic to empty onto a residential street. Trustee Rubin believes that safety is the issue. Access onto Dundee could not be allowed by the Village. The Schwartz property was to be commercial, so neighbors have less traffic with a church than a commercial development. Trustee Braiman stated that the property is zoned residential with a special use and not zoned commercial. 9687 4/17/95 Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None RECUSE: 1 - Reid Motion declared carried. ORDINANCE #95-39 - ST. PAUL FEDERAL BANK v Moved by Marienthal, seconded by Braiman, to approve Ordinance #95-39, Approving a Variation to the Development Ordinance concerning a stormwater detention facility - St. Paul Federal Bank, details of which are contained in Mr. Pfeil's memo to Mr. Balling of April 13, 1995. The petitioner was not present. Trustee Braiman requested that the petitioner be present before any action be made and moved that the subject be deferred; there was no second to the motion. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Hendricks, Glover NAYES: 1 - Braiman Motion declared carried. COPS MORE PROGRAM Mr. Balling presented the subject, details of which can be found in Chief McCann's memo to Mr. Balling of April 4, 1995. A grant application has been submitted and a response should be coming in approximately a month. The local match would come out of 1995 budget surplus and held until approval of the federal grant was received. Moved by Reid, seconded by Rubin for the authorization to approve the local share participation in the COPS More Program in the amount of $26,999. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. 1995 VILLAGE SIDEWALK REPLACEMENT PROGRAM Moved by Hendricks, seconded by Reid, to approve the award of bid of 1995 Sidewalk Replacement Program to M&C Scavelli in the amount of $223,656.50. Details of the project can be found in Mr. Kuenkler's memo to Mr. Balling of April 12, 1995. Mr. Balling informed the Board of an additional project that was included as an deductible alternative of the program. Mr. Kuenkler is working to obtain easement rights so that the Old Arlington Heights Road sidewalk could be constructed as well as the Villa Verde sidewalk on Arlington Heights Road. Trustee Rubin asked for past history on M&C Scavelli. Mr. Kuenkler advised that M&C Scavelli has been the sidewalk contractor for several years in the past and the work has been satisfactory. Trustee Reid commented that if residents are interested in apron or driveway replacement, the contractor could be contacted to do the work for them at the going rate. 9688 4/17/95 Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. ADJOURNMENT `./ Moved by Marienthal, seconded by Reid to move to Executive session to discuss litigation. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. Jane Olson, Deputy Village Clerk 12,46- APPROVED BY ME THIS / DAY OF /' , 1995. lage P ent