Loading...
1993-06-21 - Village Board Regular Meeting - Minutes 9336 6/21/93 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN CHIPPER'S RESTAURANT, 48 RAUPP BOULEVARD, JUNE 21, 1993 CALL TO ORDER President Mathias called the meeting to order at 7:43 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Mathias, Trustees Marienthal, Rubin, Braiman and Hendricks. Trustee Reid arrived at 8:00 P.M., and Trustee Kahn arrived at 8:45 P.M. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Phil Versten, Administrative Assistant; Frank Hruby, Director of Building & Zoning; Robert Pfeil, Village Planner; Richard Kuenkler, Village Engineer; Deputy Police Chief Voigt; Deputy Fire Chief Hansen; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Hendricks, seconded by Braiman, to approve the minutes of the June 7, 1993 Regular Meeting. Upon roll call, Trustees, voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. WARRANT #744 Mr. Tenerelli read Warrant #744. Moved by Rubin, seconded by Braiman, to approve Warrant #744 in the amount of $1,591,759.79, authorizing payment of bills listed. Trustee Marienthal asked several questions regarding the warrant which were answered by Mr. Brimm, and one question for which Mr. Brimm will get the answer for Trustee Marienthal. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. COUNTRYSIDE REPORTER President Mathias recognized Cyril Ibe, our new reporter for the Countryside, and welcomed him to the meeting. SENIORS DAY CELEBRATION President Mathias stated that on Wednesday, June 23, 1993, the Lake County Forest Preserve will be hosting their 21st annual Seniors Day Celebration at the Lakewood Forest Preserve; anyone interested in attending should call the Village Manager's office. 9337 6/21/93 JULY 4th FIREWORKS President Mathias thanked Hamilton Partners for their generous contribution of $4,500 to enable the Village to put on a July 4th fireworks display. SPECIAL OLYMPICS Trustee Rubin thanked Lee Szymborski and the several Buffalo Grove Police Officers for their contributions and involvement in the Special Olympics recently held at Illinois State University in Normal, Illinois. MALNATI PARKING LOT EXPANSION Mr. Balling reviewed the request of the Malnati restaurant regarding their parking lot expansion, details of which are contained in his memo to the Board of June 16, 1993. Trustee Rubin stated that he would like to be able to approve this request, but he believes the Plan Commission process should be followed. Moved by Marienthal, seconded by Hendricks, to allow this to move forward in reference to the memo from Ray Rigsby of June 14, 1993, with the stipulation that the developer is proceeding at his own risk, and signing a letter to that effect. Trustee Braiman agrees with Trustee Rubin regarding the Plan Commission process. Upon roll call, Trustees voted as follows: AYES: 2 - Marienthal, Hendricks NAYS: 3 - Rubin, Braiman, President Mathias ABSENT: 2 - Reid, Kahn Motion defeated. MANAGEMENT REPORT Mr. Balling noted the submittal of the Management Report for the month of May; there were no questions on same. FUTURE AGENDA Mr. Balling noted that, because of the July 4th holiday on the first Monday in July, the Village Board meeting scheduled for that date will be re-scheduled to July 12, 1993; the July 19, 1993 Regular Meeting will be held as scheduled. PUBLIC HEARING - School District 102 Middle School Annexation President Mathias called the Public Hearing to order at 7:58 P.M. ; he stated that Notice of Public Hearing was published in the Daily Herald on June 1, 1993. Charles Cohen, Business Manager for District 102, introduced the following people: Gerard Moons, President of the Board; Richard Majka, Assistant Superintendent; Heather Brickman, Attorney; Terry Hodges, Attorney; Stuart Franzen and Lee Brockway, Architects. President Mathias then swore in Terry Hodges, Heather Brickman, Lee Brockway, and Stuart Franzen to give testimony. Terry Hodges made a presentation to the Board, details of which are contained in Mr. Balling's memo to the Board of June 18, 1993. Lee Brockway reviewed Exhibit 1 - Site Plan; Exhibit 2 - Landscape Plan; and \ ....1 \,..../ 9338 6/21/93 Exhibit 3 - Utilities Drawing. President Mathias asked if there were any questions from the Board. Trustee Hendricks expressed concern with the safety aspect of the intersection created by Carlyle Road and the access road. Mr. Brockway and Plan Commissioner Howard responded to Trustee Hendricks. Trustee Braiman thanked the school district for their efforts to cooperate with the Village. Heather Brickman, attorney for the school district, further explained the rationale used in the placement of the intersection. Terry Hodges stated that, after further discussion at the staff level, a draft agreement will be brought before the school board for preliminary review on agreement June 28, 1993. Their goal is to reach a finalized gre nt so that they can go to the Regional Board of School Trustees of Lake County for approval by July 6, 1993, which should allow plenty of time to be prepared for the July 12, 1993 Village Board meeting. Trustee Rubin also complimented the school board and the staff for the cooperation displayed on this project. Mr. Raysa answered a question from Trustee Marienthal regarding the length of the Annexation Agreement. Gerald Moons, President of School District 102 School Board, thanked the Village for the wonderful cooperation displayed by all departments involved. President Mathias also commented that the cooperation between the two bodies, although not mandatory, was a benefit to all members of the community. Mr. Brockway again referred to Exhibit 2 and stated that they will be working with the Village Engineer regarding the slope. Mr. Franzen discussed the flood plain ordinance. Mr. Kuenkler stated that he does not think it will cause a problem. In answer to a question from Trustee Braiman, Mr. Kuenkler stated that there should not be any standing water. Trustee Rubin requested that Mr. Kuenkler give the Board some type of more in- depth comfort level. Mr. Raysa stated for the record that document which is before the Board and the public tonight is that certain draft of the Annexation Agreement which is dated 6/18/93 entitled "Annexation Agreement - School District 102 Middle School, Brandywyn Lane/Prairie Road", and pursuant to Mr. Pfeil's memo to Mr. Balling dated June 18, 1993. At 8:25 P.M. , President Mathias continued the Public Hearing until July 12, 1993. L/ COMMENDATION President Mathias read a Commendation to Stevenson High School student Pat Joyce for his achievement as Illinois High School Class AA Boy's Cross Country Champion; he then presented the Commendation to Pat Joyce, who was congratulated by the audience and the Board. 9339 6/21/93 PUBLIC HEARING - Rolling Hills Annexation President Mathias called the Public Hearing to order at 8:29 P.M.; he stated that Notice of Public Hearing was published in the Daily Herald on May 22, 1993. President Mathias then swore in Richard Vane, Civil Engineer; Ed Covici, Scarsdale developers; John Green SDG Architects; and Christine Zyzda, Attorney, to give testimony. Christine Zyzda stated the request of the developer. John Green made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of June 17, 1993. Mr. Green also referred to Exhibit B, an aerial photo of the area; Exhibit A, a booklet containing the documents being referred to tonight; Exhibit 0, Plat of Annexation. Richard Vane then presented an engineering overview of the site, referring to Exhibit M. Christine Zyzda then referred to some revisions to the draft Annexation Agreement, as outlined in Mr. Pfeil's memo to Mr. Balling of June 21, 1993. In answer to a question from Trustee Rubin, Mr. Green stated that the Annexation Agreement does provide for the developer to pay for any defense on behalf of the Village for a period of five years with regard to Aptakisic Road. In answer to a question from Trustee Marienthal, Mr. Green reported on their conversations with the Park District regarding the wetlands. Mr. Green also responded to Trustee Marienthal's request to change some of the lots from R-3 to R-2. Mr. Balling reviewed the discussions that have been had with the Park District regarding ownership. President Mathias asked if there were any questions from any other public agencies; there were none. Chuck Krueger, 2104 Birchwood Lane, expressed concerns that he and his neighbors have with regard to the wetlands. Mr. Green responded to Mr. Krueger's comments. Mr. Raysa stated that the Annexation Agreement that is currently before the Public Hearing is that draft dated 6/17/93 entitled "Rolling Hills, Scarsdale Development, Ltd. , Aptakisic Road, west of Churchill Lane" pursuant to Mr. Pfeil's memo to Mr. Balling of June 17, 1993, as amended by Mr. Pfeil's memo to Mr. Balling of June 21, 1993, and as amended by Christine Zyzda's changes, with which Mr. Raysa agrees. President Mathias closed the Public Hearing at 9:15 P.M. QUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience; there were none. CONSENT AGENDA 1 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. 9340 6/21/93 ORDINANCE #93-46 (Prevailing Wages) Moved by Hendricks, seconded by Reid, to pass Ordinance #93-47, Concerning Prevailing Wages for the period June 1, 1993 through May 31, 1994. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion Declared Carried. ORDINANCE #93-47 (Disposal of Surplus Property) Moved by Hendricks, seconded by Reid, to pass Ordinance #93-48, Authorizing the Disposal of Surplus Village Personal Property. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion Declared Carried. ORDINANCE #93-48 (Title 10) Moved by Hendricks, seconded by Reid, to pass Ordinance #93-48, Amending Title 10 of the Village Code as it concerns No Parking on Strathmore Court between the hours of 9 A.M. and 2 P.M. , on School Days. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion Declared Carried. ORDINANCE #93-49 (Zoning Ordinance) Moved by Hendricks, seconded by Reid, to pass Ordinance #93-49, Amending Section 17.44.060.E.6(ix) of the Buffalo Grove B-5 Zoning Ordinance (Boston Chicken Sign Variance) . Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion Declared Carried. ORDINANCE #93-50 (Sign Code) Moved by Hendricks, seconded by Reid, to pass Ordinance #93-50, Amending Section 14.20.070 of the Sign Code (Ground Sign on Lake Cook Road) . Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion Declared Carried. PROCLAMATION (Recreation & Parks Month) Moved by Hendricks, seconded by Reid, to Proclaim the month of July, 1993 as Recreation and Parks Month in the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion Declared Carried. 9341 6/21/93 CLAREMONT NURSING HOME Moved by Hendricks, seconded by Reid, to Approve the Final Plat of Subdivision, Development Improvement Agreement and other attending conditions - Claremont Nursing Home. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion Declared Carried. FIRE APPARATUS Moved by Hendricks, seconded by Reid, to Authorize to Enter into a Fire Apparatus Listing Agreement with Mid-America Truck Co. - Ambulance 224. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion Declared Carried. ORDINANCE #93-51 (Rolling Hills Development - Annexation Agreement) Moved by Reid, seconded by Kahn, to pass Ordinance #93-51, approving an Annexation Agreement with the Rolling Hills Development, Aptakisic Road, subject to the correction of the Plat of Annexation with regard to the Village of Buffalo Grove corporate limits. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 1 - Marienthal Motion declared carried. ORDINANCE #93-52 (Rolling Hills Development - Annexation) Moved by Reid, seconded by Rubin, to pass Ordinance #93-52, annexing the Rolling Hills Development to the Village of Buffalo Grove, subject to the recommendations previously noted by the Village Attorney. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 1 - Marienthal Motion declared carried. ORDINANCE #93-53 (Rolling Hills Development - Zoning) Moved by Marienthal, seconded by Reid, to pass Ordinance #93-53, amending the Comprehensive Zoning Ordinance of the Village as it concerns the Rolling Hills Development. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. President Mathias welcomed the development to the Village, and thanked everyone involved for their efforts. ORDINANCE #93-54 (Town Center) Mr. Balling reviewed the background regarding the proposed ordinance, details of which are contained in his memo to the Board of June 18, 1993. After lengthy discussion, it was moved by Braiman, seconded by Rubin, to pass 9342 6/21/93 Ordinance #93-54, amending Ordinance #86-62, regarding the Town Center. Mr. Raysa submitted the following correct caption for Ordinance #93-54: An Ordinance Proposing the Amendment of the Redevelopment Plan and Project Heretofore Approved for the Town Center District and Tax Increment Redevelopment Project Area Convening a Joint Review Board and Calling a Public Hearing in Connection Therewith. Mr. Raysa also noted that the date to be inserted on Page 2 of the proposed ordinance is December 31, 2005. Greg Hummel briefly described the request of Melvin Simon & Associates; he noted that there is expression of interest in the Town Center by a large food store. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Reid, Kahn, Rubin, Braiman NAYS: 2 - Marienthal, Hendricks Motion declared carried. TOWN CENTER PUD AMENDMENT (Plan Commission Referral) Moved by Marienthal, seconded by Rubin, to refer a proposed amendment in the Buffalo Grove Town Center PUD, Sign Package and Zoning Text Amendment to the Plan Commission for review. Trustee Marienthal stated that the proposed food store is completely against what was originally planned for the Town Center, as it was specifically stated that there would not be a food store in the Town Center. Mr. Hummel responded to Trustee Marienthal's comments. Bill Hammer of Melvin Simon & Associates reviewed the economic status and hope for the Town Center. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Kahn, Rubin, Braiman, President Mathias NAYS: 3 - Marienthal, Reid, Hendricks Motion declared carried. APPEAL OF ZBA DECISION Frank Schuster, 5 Belaire Court, and Karen Uhren, 760 Bernard Drive, presented the reasons they are requesting an appeal of ZBA approval regarding the patio for Kenneth and Marisa Duke, 4 Belaire Court, details of which are contained in Mr. Hruby's memo to Mr. Balling of June 16, 1993. Karen Uhren explained the water/flooding problems that she has with her property. Mr. Kuenkler stated that he has met with Mr. Schuster in the past. The proposed patio has nothing to do with any flooding on Mr. Schuster's property. Mr. Kuenkler has also met with Mrs. Uhren and made some suggestions regarding her property; again, the patio will not cause further flooding on her property. Mr. Kuenkler stated that it will not make any difference whether it is a deck or a patio that is built; he does not believe that either will contribute to flooding problems. Trustee Reid stated that he visited the property this week-end; the backyard is a swamp; the swale has been filled in; this is not an isolated problem; he 9343 6/21/93 believes the Village might have to take a more active stance toward solving the problem. Trustee Marienthal stated that he also viewed the properties, and he thinks the addition of a patio will add to the problem. Trustee Rubin stated that there is a significant problem; he questioned whether or not storm sewers have been investigated; his recommendation is to request that staff look into correcting the problem on the Village level, trying to resolve it once and for all. ZBA Chairman Heinrich stated that the swale has been aborted, and the swale should be brought back into conformity. Mr.Kuenkler stated that staff's first recommendation was to try and alter the grades. With regard to the legality of the solutions, Mr. Raysa stated that he would have to talk with Mr. Kuenkler. Trustee Braiman stated that he believes that staff should bring recommendations to the Board after they have investigated further. Mr. Duke stated that they have done everything in their power to alleviate flooding problems; they have re-routed their gutters; he passed out several engineering reports they have gathered; he distributed several photographs of the surrounding properties; they will do everything they can to prevent any more water from going to surrounding yards. Moved by Reid, seconded by Rubin, to overturn the ZBA approval. Upon roll call, Trustees voted as follows: AYES: 3 - Marienthal, Reid, Hendricks NAYS: 4 - Kahn, Rubin, Braiman, President Mathias Motion defeated. Trustee Rubin would like a report from a financial/legal standpoint about re- constructing the swale. It was requested that staff determine the exact dimensions of the deck built, and that further information regarding possible solutions be brought before the Board as soon as a responsive answer can be obtained. FIRE DEPARTMENT - Award of Bid Type III Modular Ambulance Mr. Balling reviewed the propsoed award of bid, details of which are contained in Chief Allenspach's memo to him of June 14, 1993. Moved by Reid, seconded by Kahn, to award bid for Type III Modular Ambulance, Buffalo Grove Fire Department, as recommended in Chief Allenspach's June 14, 1993 memo to Mr. Balling. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. PUBLIC WORKS GIS Mr. Balling reviewed the proposal, details of which are contained in Mr. Brimm's memo to him of June 7, 1993. 9344 6/21/93 Moved by Reid, seconded by Braiman, to approve the recommendation in Mr. Brimm's memo to Mr. Balling of June 7, 1993, approving the contract with Group 1 Resources, Inc. , in an amount not to exceed $30,880 in total for the development of the GIS system for Public Works. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. TELEPHONE INFORMATION LINE Mr. Versten reviewed staff recommendation for the Information Telephone Line, details of which are contained in his memo to Mr. Szymborski of June 17, 1993. Mr. Versten then answered questions from the Board. Moved by Reid, seconded by Kahn, to approve the Information Telephone Line as recommended in Mr. Versten's memo to Mr. Szymborski of June 17, 1993. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. BEER KEY TAGS/PARENTAL RESPONSIBILITY Mr. Raysa reviewed the details of the draft ordinance, details of which are contained in Mr. Balling's memo to the Board of June 16, 1993. After discussion, President Mathias polled the Board regarding opinions on a "keg ordinance": Marienthal - Does not see necessity for it Reid - No Kahn - Would like to see keg ordinance with cost recapture to the retailer Rubin - Agrees with Trustee Kahn Braiman - Agrees with Trustee Kahn Hendricks - No President - In favor of proposing the ordinance and agrees with Trustees as far Mathias as returning the deposit Mr. Raysa then reviewed the parental responsibility portion of the ordinance. President Mathias asked Trustees for their comments regarding this proposal: Marienthal - Wants direction from the Village Attorney; would not be opposed to tougher laws Reid - In favor of parental responsibility; toughest possible penalties that can be enforced Kahn - Agrees with Trustee Reid Rubin - Agrees with Trustee Reid Braiman - Agrees with Trustee Reid Hendricks - Agrees with Trustee Reid Mr. Raysa then reviewed the civil liability aspect. President Mathias stated that he believes that the message the Board wants to give is that Buffalo Grove has the toughest laws in the area. 9345 6/21/93 President Mathias polled the Board as to whether they wish the vicarious liability included or not: Marienthal - Yes Reid - Yes Kahn - Yes Rubin - Yes Braiman - Yes Hendricks - Yes, if it is enforceable The ordinance will be prepared for the July 19, 1993 Regular Board Meeting. Mr. Raysa stated that the liquor licensees should be notified for their input, and also so that, should the ordinance be passed, they have sufficient time to prepare. ADJOURNMENT Moved by Kahn, seconded by Rubin, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:10 P.M. taA/AJT1 d. . � L Jane Sirabian, Village Clerk APPROVED Y ME TH S C%)29-1-1 DAY O , 199 illag resident