1993-09-20 - Village Board Regular Meeting - Minutes 9373
9/20/93
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN
CHIPPER'S RESTAURANT, 48 RAUPP BOULEVARD, SEPTEMBER 20, 1993
CALL TO ORDER
The Village Clerk called the meeting to order at 7:35 P.M. Those present stood
and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Mathias (arrived at
7:36 P.M. ) ; Trustees Marienthal, Reid, Kahn, Rubin, Braiman, and Hendricks.
Also present were: William Brimm, Acting Village Manager; William Raysa, Village
Attorney; Phil Versten, Administrative Assistant; Ed Schar, Deputy Building
Commissioner, and Joseph Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Hendricks, seconded by Braiman, to approve the minutes of the
September 13, 1993 Special Meeting. Upon roll call, Trustees voted as follows:
AYES: 3 - Reid, Braiman, Hendricks
NAYS: 0 - None
ABSTAIN: 3 - Marienthal, Kahn, Rubin
Motion declared carried.
WARRANT #750
Mr. Tenerelli read Warrant #750. Moved by Marienthal, seconded by Reid, to
approve Warrant #750 in the amount of $980,584.03, authorizing payment of bills
listed. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
SIGNAL COORDINATION PROJECT
Mr. Brimm reported on the Dundee Road (Golfview Terrace to Milwaukee Avenue)
Signal Coordination Project, details of which are contained in Mr. Boysen's memo
to Mr. Balling of September 10, 1993.
Trustee Reid asked if there were any plans to coordinate the signals along
Lake-Cook Road; Mr. Brimm will investigate and report back to Trustee Reid and
the Board.
MANAGEMENT REPORT
Mr. Brimm noted the submittal of the Management Report for August, 1993; there
were no questions on same.
QUESTIONS FROM THE AUDIENCE
President Mathias asked if there were any questions from the audience; there were
none.
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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;
it was requested that Items XI. , B and C. be removed from the Consent Agenda.
ORDINANCE #93-74 - Surplus Property
Moved by Rubin, seconded by Kahn, to Authorize the Disposal of Surplus Village
Personal property. Upon roll call, Trustees voted as follows:
AYES: 7 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks, President Mathias
NAYES: 0 - None
Motion declared carried.
PROCLAMATION - U.S.S. Yard Mine Sweeper 369
Moved by Rubin, seconded by Kahn, to Proclaim the Week of October 1-7, 1993 as
U.S.S. yard Mine Sweeper 369 week in the Village of Buffalo Grove in
commemoration of its 50th Anniversary. Upon roll call, Trustees voted as follows:
AYES: 7 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks, President Mathias
NAYES: 0 - None
Motion declared carried.
PROCLAMATION - "Stay in School"
Moved by Rubin, seconded by Kahn, to Proclaim the month of October, 1993 as
"Stay in School" Awareness Month in the Village of Buffalo Grove. Upon roll
call, Trustees voted as follows:
AYES: 7 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks, President Mathias
NAYES: 0 - None
Motion declared carried.
PROCLAMATION - Fire Prevention Week
Moved by Rubin, seconded by Kahn, to Proclaim the week of October 3-9, 1993 as
Fire Prevention Week in the Village of Buffalo Grove. Upon roll call, Trustees
voted as follows:
AYES: 7 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks, President Mathias
NAYES: 0 - None
Motion declared carried.
CANTERBURY FIELDS - Plat of Vacation
Moved by Rubin, seconded by Kahn, to Approve a Plat of Vacation - Utility
Easement at Canterbury Fields. Upon roll call, Trustees voted as follows:
AYES: 7 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks, President Mathias
NAYES: 0 - None
Motion declared carried.
ORDINANCE #93-75 - Illinois Bell
Trustee Hendricks recused himself from the meeting to avoid potential conflict
of interest.
Mr. Brimm explained the proposed ordinance/agreement, details of which are
contained in his memo to Mr. Balling of August 16, 1993.
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Trustee Reid stated that the Northwest Municipal Conference has been primarily
concerned with representing TCI and its interests; it is important to point out
to the Conference that there are two franchise groups within the franchise area.
Moved by Reid, seconded by Rubin, to pass Ordinance #93-75, authorizing an
Agreement for Use of the Public Way for Illinois Bell. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman
NAYS: 0 - None
ABSENT/RECUSE: 1 - Hendricks
Motion declared carried.
ORDINANCE #93-76 - Beer Keq Control System
Mr. Raysa reviewed the proposed ordinance, details of which are contained in
Mr. Brimm's memo to Mr. Balling of August 30, 1993.
Moved by Rubin, seconded by Kahn, to pass Ordinance #93-76, amending Chapter
5.20, Liquor Controls, of the Municipal Code establishing a Beer Keg Control
System.
Trustee Reid stated that he does not see this as a deterrent to teen-age
drinking; he sees it as creating a problem for local businessmen and a burden on
Village staff; it does not accomplish what the Board wants it to accomplish.
President Mathias stated that we need to send a message that drinking and driving
as well as underage drinking is not acceptable.
Trustee Braiman stated that this will enable the Village to track the sale and
purchase of kegs, and the purchaser will be held responsible.
Trustee Rubin stated that the reason this proposal failed at the state level was
because of strong industry lobbying efforts; he does not believe that, the way
the ordinance is drafted, costs will increase.
Trustee Marienthal stated that he does not think that this will inhibit liquor
purchases; he believes that this will just add another layer of government.
Trustee Kahn stated that this demonstrates that the Village is trying to be
responsible.
Upon roll call, Trustees voted as follows:
AYES: 4 - Kahn, Rubin, Braiman, Hendricks
NAYS: 2 - Marienthal, Reid
Motion declared carried.
ORDINANCE #93-77 - Parental Responsibility
Mr. Raysa reviewed the proposed ordinance, details of which are contained in
Mr. Szymborski's memo to Mr. Balling of September 15, 1993.
Moved by Reid, seconded by Kahn, to pass Ordinance #93-77, amending Chapter 5.20,
Liquor Controls, of the Municipal Code as it relates to Parental Responsibility.
Lengthy discussion ensued regarding the enforceability of the civil liability
section and whether or not Section 5.20.195 should be included; it was determined
that said section should be included in the ordinance.
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Trustee Braiman stated that he would like to have the motion amended to change
the time period cited in the second paragraph of Section 5.20.195, Paragraph C
from one year to two years. Trustee Reid and Trustee Kahn amended the motion
accordingly.
Upon roll call, Trustees voted as follows on the amended motion:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESOLUTION #93-43 - Intergovernmental Agreement
Mr. Brimm reviewed the proposed resolution, accepting an Intergovernmental
Agreement regarding construction and installation of a booster pumping station
for the Northwest Water Commission, details of which are contained in Mr.
Balling's memo to the Board of September 17, 1993.
Moved by Reid, seconded by Hendricks, to pass Resolution #93-43, accepting an
Intergovernmental Agreement regarding construction and installation of a booster
pumping station for the Northwest Water Commission. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ZBA DECISION APPEAL - Fence Code Variation
Daniel Racinowski, 902 Hilldale Lane, made a presentation to the Board, details
of which are contained in Mr. Hruby's memo to Mr. Balling of September 8, 1993.
The main reasons they are seeking to build this fence are: safety for their
children; to make maximum use of their yard; they get a great deal of through
traffic in their yard; he noted that there is no line of sight violation.
Richard Heinrich, ZBA Chairman, reviewed the proceedings at the ZBA meeting; he
stated that the ZBA has been consistent in their rulings on these types of
requests; not lining up these two fences will be detrimental to the entire
community.
Lengthy discussion took place regarding this request.
Moved by Reid, seconded by Marienthal, to uphold the decision of the Zoning Board
of Appeals regarding a Fence Code variation for Daniel and Roberta Racinowski,
902 Hilldale Lane.
Mr. Racinowski reiterated his case for a variation.
Upon roll call, Trustees voted as follows on the motion:
AYES: 4 - Marienthal, Reid, Hendricks, President Mathias
NAYS: 3 - Kahn, Rubin, Braiman
Motion declared carried.
MOSQUITO ABATEMENT PROGRAM
Mr. Brimm reviewed the proposed contract, details of which are contained in
Mr. Sheehan's memo to Mr. Balling of June 3, 1993.
Moved by Reid, seconded by Kahn, to approve a One Year Contract Extension for the
Mosquito Abatement Program - Clarke Outdoor Spraying Company, at a cost not to
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exceed 5% over the current 1993 rate ($20,204.66) , or the local cost of living,
whichever is less. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-78 - Special Service Area #3 Refunding Bonds, Series 1993
Mr. Brimm reviewed the proposed ordinance, details of which are contained in his
memo to Mr. Balling of September 16, 1993.
Moved by Reid, seconded by Kahn, to pass Ordinance #93-78, authorizing the
Issuance of $3,905,000 Special Service Area #3 Refunding Bonds, Series 1993.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-79 - Special Service Area #3 Refunding Bonds
Moved by Reid, seconded by Kahn, to pass Ordinance #93-79, authorizing and
directing the execution of an Escrow Agreement as it relates to Special Service
Area #3 Refunding Bonds. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ADJOURNMENT
Moved by Kahn, seconded by Reid, to adjourn the meeting. Upon voice vote, the
motion was unanimously declared carried. The meeting was adjourned at 9:00 P.M.
J0 � Th.
t M. /Srirabian, Village Clerk
APPROV .BY ME THIS
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