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1993-08-16 - Village Board Regular Meeting - Minutes 9358 8/16/93 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN CHIPPER'S RESTAURANT, 48 RAUPP BOULEVARD, AUGUST 16, 1993 CALL TO ORDER President Mathias called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Mathias, Trustees Reid, Kahn, Braiman, Hendricks. Trustees Marienthal and Rubin were absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; William Brimm, Finance Director; Phil Versten, Administrative Assistant; Robert Pfeil, Village Planner; Raymond Rigsby, Superintendent of Public Works; Police Chief McCann, Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Hendricks, seconded by Reid, to approve the minutes of the August 2, 1993 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion Declared carried. WARRANT #738 Mr. Tenerelli read Warrant #748. Moved by Braiman, seconded by Reid, to approve Warrant #748 in the amount of $1,379,487.68, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion Declared carried. PROCLAMATION President Mathias read the Proclamation setting aside September 9, 1993 as the National Council of Jewish Women's National Day of the Working Parent. Moved by Kahn, seconded by Braiman to concur with President Mathias' proclamation. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion Declared carried. CABLE CONSORTIUM Trustee Reid reported on the Cable Consortium meeting he attended on August 12, 1993. Continental Cable has indicated their intent to file for franchise renewal. Moved by Reid, seconded by Hendricks, to direct staff to complete the proper papers so that the Village of Buffalo Grove will be certified by the FCC to regulate cable TV rates persuant to prescribed FCC procedures. Upon roll call, Trustees voted as follows: 9359 8/16/93 AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion Declared carried. VILLAGE STAFF VS. CHAMBER OF COMMERCE SOFTBALL GAME President Mathias reported on the resounding victory of the Village softball team over the Chamber of Commerce team at the softball game which was held last week. He thanked all who participated and hopes that this will be an annual event. MANAGEMENT REPORT Mr. Balling noted the submittal of the Management Report for July; there were no questions on same. D.A.R.E. Mr. Balling explained the D.A.R.E. program, a drug awareness program offered to the fifth graders in the Village. The school districts felt that it would be beneficial if third graders were offered the program. They have secured a grant and have requested consideration from the Village for a local match. He proposed that up to $10,000 from the Liquor Commissioner's Alcohol Penalty Fund for the next two fiscal years be used for this purpose, and direct the Chief of Police to structure the personnel necessary to carry out the program. Moved by Braiman, seconded by Kahn to approve the expenditure. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion Declared carried. GOLF & FOOD SERVICES (Six Month Report) Mr. Brimm submitted a brief report on the Golf Course and Food Service operations for the previous six months, details of which can be found in his memo to Mr. Balling of July 6, 1993. ROTARY CLUB RAFFLE (Fee Waiver) Mr. Balling presented a request for a fee waiver from the Rotary Club for their raffle to be conducted during Buffalo Grove Days. Moved by Kahn, seconded by Braiman, to approve the fee waiver. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion Declared carried. GAIL DRIVE Mr. Balling reported that the Gail Drive project will be completed this week. Beth Brown, Gail Drive, stated her concerns about perceived lack of communication between the Village and the residents, and the projects impact on the neighborhood during construction. Tracy Selan, 1151 Green Knolls, reported on damage done to her car while parked in the designated parking lot during construction as well as other vandalism done during this time. 9360 8/16/93 David Smith, 1335 Gail Drive, expressed his frustration concerning inability to get in and out of his driveway; perceived lack of communication. TOWN CENTER TIF DISTRICT President Mathias opened the Public Hearing at 8:02 P.M. Trustee Kahn introduced the subject. Mr. Brimm read into the record the recommendations of the Joint Review Board as noted in memos from Trustee Kahn and Mr. Brimm to the President and Board of Trustees dated August 11, 1993. Greg Hummell, from Rudnick and Wolfe and Steve Fivel from Melvin Simon and Associates were sworn in by President Mathias. Steve Fivel presented a check to the Village of $23,445.82 for all legal costs incurred to date by the Village through May 15, 1993 and previously invoiced by Simon. In addition, a certificate was presented to the village noting that a lease has been executed with a theater tenant dated April 5, 1993. Mr. Hummell presented the details of the proposed bond transactions to the Board and the risk as to principal and interest being assumed by Simon by holding the Subordinated bonds. Bill Hammer, from Melvin Simon & Associates was sworn in and then discussed the tenant mix. He informed the Board that initial negotiations have been discussed with an anchor tenant but that an executed lease would not be submitted with other documents next week and may take as long as 18-24 weeks to complete. Trustee Kahn asked if an outside consultant to evaluate the impact an anchor tenant would have on the project has been pursued. Mr. Hammer agreed that he would work with the Village to find the appropriate person for this purpose. Elliott Hartstein, representing School District 125 and member of the Joint Review Board, gave his comments on the proposal and why he supported the proposal. Bob Ackerman, representing School District 102 and member of the Joint Review Board, gave his urging to the Board to proceed with the project. Sam Gershon, 431 Town Place, gave his comments on the project saying Town Center is a strip shopping center. Putting more money into this project will not change it to become anything more. Jim Hudson, 751 Shady Grove, gave his comments saying that putting more money into the project will not improve the project. The Public hearing was closed at 9:45 p.m. SPECIAL MEETING A Special Meeting may be called for August 31, 1993 pending completion of documents and availability of Trustees to review the Town Center TIF District proposed restructuring. QUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience; there were none. 9361 8/16/93 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 #93-63 (Title 10) Moved by Kahn, seconded by Reid, to approve Ordinance #93-63, Amending Title 10 of the Municipal Code designating No Parking on Old Checker Road adjacent to Willow Stream Park. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. RESOLUTION #93-40, (Cherbourg) Moved by Kahn, seconded by Reid, to approve Resolution #93-40, Approving a Quit Claim Deed and Conveying Outlot 9006, Cherbourg Unit 2 to the Buffalo Grove Park District. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. PROCLAMATION (Open Safety Week) Moved by Kahn, seconded by Reid, to Proclaim the week of August 23-27, 1993 as School's Open Safety Week in the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. MANCHESTER GREENS PHASE II (Plat of Subdivision & DIA) Moved by Kahn, seconded by Reid, to Approve the Final Plat of Subdivision and Development Improvement Agreement and attending conditions - Manchester Greens, Phase II. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENY: 2 - Marienthal, Rubin Motion declared carried. SPEEDWAY SERVICE STATION (Plat of Subdivision) Moved by Kahn, seconded by Reid, to approve the Final Plat of Subdivision - Speedway Service Station, Milwaukee Avenue. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. 9362 8/16/93 CHERBOURG UNIT 2 (Warranty Deed) Moved by Kahn, seconded by Reid, to Accept the Warranty Deed for Outlot 9006, Cherbourg Unit 2. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None \ ABSENT: 2 - Marienthal, Rubin v Motion declared carried. PICK UP TRUCK (Authorization to Bid) Moved by Kahn, seconded by Reid, to Authorize to Bid - 3/4 Ton 4x4 Pick up Truck for the Buffalo Grove Fire Department. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENY: 2 - Marienthal, Rubin Motion declared carried. MOVERS INTERNATIONAL (Aesthetics) Moved by Kahn, seconded by Reid, to accept the Appearance Commission Approval: Movers International, Commerce Ct. , - Ground Signs. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. ORDINANCE #93-64, (Daube Co.) Mr. Balling introduced the subject, detail of which can be found in Mr. Pfeil's memo to Mr. Balling of August 10, 1993. Mr. Paul Daube, the petitioner, described his business and the reasons for requesting the Special Use. Moved by Kahn, seconded by Reid to accept the Plan Commission recommendation and approve Ordinance #93-64, Approving a Special Use in the Industrial Zoning District. Upon roll call, Trustees voted as follows: AYES: 4 -Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. ORDINANCE #93-65 (Lou Malnati's) Mr. Balling introduced the subject, details of which can be found in Mr. Pfeil's memo to Mr. Balling of August 11, 1993. Mr. Marc Malnati, the petitioner, explained his reasons for requesting the rezoning. He added his request for additional curb cuts which had not been approved at the Plan Commisison meeting. Mr. Stephen Goldspeil, Plan Commission Chairman, discussed the Plan Commission referral on the parking lot and the reasons for voting against the additional curb cuts. Mr. Malnati recinded his amended request and perused his original request. 9363 8/16/93 Moved by Kahn, seconded by Braiman, to accept the Plan Commission recommendation, Approving a Preliminary Plan, Variations to the Flood Plain and Rezoning from the R-3 Zoning District to the B-1 Zoning District - Malnati's, Buffalo Grove Road. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. ORDINANCE #93-66 (Jaywalking) Mr. Balling introduced the subject, details of which can be found in Chief McCann's memo to Mr. Balling of August 10, 1993. Moved by Reid, seconded by Hendricks, to pass Ordinance #93-66, Amending Section BG-16-105 of the Municipal Code regarding Compliance Violations. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. UNDERGROUND FUEL STORAGE TANKS Mr. Balling introduced the subject, details of which are contained in Mr. Rigsby's memo to Mr. Balling of August 11, 1993. Moved by Reid, seconded by Kahn, to accept the Bid waiver and Award of Contract to AIG Consultants. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin Motion declared carried. CHECKER PLACE Mr. Balling introduced the subject, details of which can be found in Mr. Pfeil's memo to Mr. Balling of August 10, 1993. Checker Place is a proposed new residential project to be located at Buffalo Grove Road and Checker Road. Barry Ash representing the petitioner, Howard Samotny made a presentation as to how they wish the plan to be developed. Jim Dougherty, and engineer with Ralph Burke & Associates, presented the Board with a site plan. Trustees agreed that the project was too dense for the parcel. Moved by Reid, seconded by Kahn to refer the Checker Place project to the Plan Commission with the comments of the Village Board. Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Marienthal, Rubin PRAIRIE ROAD/DEGRAZIA CO. Mr. Balling introduced the subject, details of which can be found in Mr. Pfeil's memo to him of August 10, 1993. 9364 8/16/93 Jerry DeGrazia made a presentation to the Board properties on the west side of Prairie Road concerns of water and sewer problems. Trustee Reid does not want to see this entire area developed in a piecemeal development; he wants to see proper planning of the infrastructure. Trustee Braiman believes that a logical place for a park is next to the school. He would like to see a Park District plan before we go any further. Trustee Reid would be willing to review an application after he has heard from Staff as to the total need for the entire area. ADJOURNMENT Moved by Kahn, seconded by Reid to adjourn the meeting. Upon voice vote the meeting was adjourned at 10;30 P.M. (A/16V-At,/ Jan L. Olson, Deputy Village Clerk APPROVED BY ME THIS a DAY O , lage Pr