1993-10-04 - Village Board Regular Meeting - Minutes 9378
10/4/93
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN
CHIPPER'S RESTAURANT, 48 RAUPP BOULEVARD, OCTOBER 4, 1993
CALL TO ORDER
President Mathias called the meeting to order at 7:33 P.M. Those present stood
and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Mathias; Trustees
Marienthal, Reid, Kahn, Rubin, Braiman, and Hendricks.
Also present were: William Balling, Village Manager; William Raysa, Village
Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance
Director; Phil Versten, Administrative Assistant; Richard Kuenkler, Village
Engineer; Robert Pfeil, Village Planner; Fire Chief Allenspach; and Joseph
Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Hendricks, seconded by Braiman, to approve the minutes of the
September 20, 1993 Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
WARRANT #751
Mr. Tenerelli read Warrant #751. Moved by Hendricks, seconded by Rubin, to
approve Warrant #751 in the amount of $978,079.52, 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.
CHICAGO MAGAZINE ARTICLE
President Mathias noted an article in Chicago Magazine in which Buffalo Grove was
highlighted.
WOODLANDS
President Mathias noted that he and Mr. Balling attended a ceremony at the
Woodlands to commemorate the closing on the last unit.
BUFFALO GROVE DAYS 1993
Mr. Brimm presented the Financial Report for the 1993 Buffalo Grove Days event,
details of which are contained in Mr. Brimm's memo to Mr. Balling of September
28, 1993. Cheryl Winstead, Buffalo Grove Days Chairman, reported on Buffalo
Grove Days, and particularly thanked all of the Village Departments, the non-
' profit organizations that participated, the restaurants involved, and the
amusement company, for their tremendous efforts in making the event a success.
Mrs. Winstead stated that the Committee is reviewing the possibility of having
the arts and crafts and the food tent open on Monday, as that has turned into a
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real family day.
It was suggested that a limited survey be conducted to find out if there is
anything that residents would like to see as a part of Buffalo Grove Days that
is not currently being offered.
Mrs. Winstead stated that the Committee is, as always, seeking volunteers.
President Mathias thanked the Committee on behalf of himself and the Board for
a tremendous event.
GUN CONTROL
After a brief introduction, it was moved by Braiman, seconded by Rubin, to direct
staff to prepare an ordinance that would, in essence, ban the retail sales of all
firearms in the Village of Buffalo Grove, and would ban the possession of
automatic and semi-automatic weapons as well.
Discussion ensued, after which Trustees voted on the motion as follows:
AYES: 4 - Kahn, Rubin, Braiman, President Mathias
NAYS: 3 - Marienthal, Reid, Hendricks
Motion declared carried.
BRANCH 5 CIRCUIT COURT
Trustee Rubin noted the proposed resolution on the Consent Agenda asking the
Circuit Court to reconsider its proposal to close the Branch 5 Court at the Town
of Vernon, and asked residents to contact the appropriate people and urge them
to find a location in southern Lake County.
SCHOOL DISTRICT 102
Trustee Rubin noted the members of the District 102 School Board in the audience
and thanked them for their cooperation with the Village regarding the new school
in the district.
COMBINED FIRE DRILL FACILITY
Mr. Balling presented an update on the Combined Fire Drill Facility, details of
which are contained in Chief Allenspach's memo to him of September 21, 1993.
Chief Allenspach also reviewed his meetings with the other Fire Chiefs involved.
UNDERGROUND STORAGE TANK
Mr. Balling reviewed the amended agreement with AIG Consultants, Inc.,
underground fuel tank proposal, details of which are contained in his memo to the
Board of September 30, 1993; he noted that there is no evidence of contaminated
soil, but if there were, any contract would be adjusted to reflect that
additional work.
Li
Moved by Kahn, seconded by Reid, to approve the amended agreement with AIG
Consultants, Inc. for an amount not to exceed $23,850.00. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
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MOSQUITO ABATEMENT CONTRACT
Mr. Balling noted a clarification in the Mosquito Abatement Contract with Clarke
Outdoor Spraying.
Moved by Marienthal, seconded by Kahn, to modify the contract with Clark Outdoor
Spraying Company to reflect that it is a two-year contract. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
PEOPLE, PLACES & ISSUES
Mr. Balling noted that the "People, Places & Issues" program this month will be
a live call-in show for one hour on Wednesday at 6:30 P.M. with regard to the
upcoming referenda on the November 2, 1993 ballot.
QUESTIONS FROM THE AUDIENCE
President Mathias asked if there were any questions from the audience.
Rob Sherman, a resident, stated that he has a concern with using tax dollars to
produce and show the football games of one of the churches, St. Mary's; he does
not believe this is a proper use of tax dollars to broadcast one particular
religion.
Trustee Reid stated that a committee is in the process of being formed; currently
the Village budgets a certain amount of hours; if those hours are not being
completely used, then the Village makes them available to the community; the
Village is charged only for the original taping, no matter how many times the
program is shown on Channel 6.
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 #93-80 - Zoninq Variance
Moved by Rubin, seconded by Hendricks, to pass Ordinance #93-80, Granting a
Variance from Section 17.20.030 of the Municipal Code to allow for construction
of a deck that exceeds the 20% rear yard coverage limitation at 561 Castlewood.
Upon roll call Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #k93-81 - Zoninq Variance
Moved by Rubin, seconded by Hendricks, to pass Ordinance #93-81, Granting a
variance from Section 17.20.030 of the Municipal Code to allow for construction
of a deck that exceeds the 20% rear yard coverage limitation at 322 Gardenia
Lane. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
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RESOLUTION #93-44 - Branch 5 Court
Moved by Rubin, seconded by Hendricks to pass Resolution #93-44, Asking the
Circuit Court to reconsider its proposal to close the Branch 5 Court at the town
of Vernon. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
PROCLAMATION - National 4H Week
Moved by Rubin, seconded by Hendricks, to Proclaim the Week of October 3-9, 1993
as National 4-H Week 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.
AWARD OF BID - 4 X 4 Pick up Truck
Moved by Rubin, seconded by Hendricks, to Award the Bid - 3/4 Ton 4x4 Pickup
Truck for the Fire Department. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
APTAKISIC-TRIP MIDDLE SCHOOL (Plat of Subdivision)
Moved by Rubin, seconded by Hendricks, to approve a Final Plat of Subdivision -
Aptakisic-Tripp Middle School. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
BUFFALO GROVE JAYCEES HAUNTED HOUSE
Moved by Rubin, seconded by Hendricks, to Approve a Fee Waiver - Buffalo Grove
Jaycees Haunted House. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
HARRIS BANK - (Aesthetics)
Moved by Rubin, seconded by Hendricks, to accept the Appearance Commission
Approval: Harris Bank, 700 E. lake Cook Road - Parking Lot Expansion. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
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KGK INTERNATIONAL CORP. - (Aesthetics)
Moved by Rubin, seconded by Hendricks, to accept the Appearance Commission
Approval: KGK International Corp. , 901 Deerfield Parkway - Ground Sign. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
SPIRAL HELIX - (Aesthetics)
Moved by Rubin, seconded by Hendricks, to accept the Appearance Commission
Gr
ound Spiral Helix, 999 Deerfield Parkway - r ound Sign. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
DUNNELL CENTER - (Aesthetics)
Moved by Rubin, seconded by Hendricks, to accept the Appearance Commission
Approval: Dunnell Center, 201-257 w. Dundee Road - Leasing Sign. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
BOSTON CHICKEN - (Aesthetics)
Moved by Rubin, seconded by Hendricks, to accept the Appearance Commission
Approval: Boston Chicken, Town Center - Revised Landscape Plan. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
VILLAGE OF BUFFALO GROVE WALL SIGNS
Moved by Rubin, seconded by Hendricks, to accept the Appearance Commission
Approval: Village of Buffalo Grove Well House and Pump Station No. 2 - Wall
Signs. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
ORDINANCE #93-82 - Outback Steakhouse
Moved by Marienthal, seconded by Kahn, to pass Ordinance #93-82, amending the
Buffalo Grove Business Park P.U.D. Ordinance and approving a Preliminary Plan -
Outback Steakhouse.
Mr. Balling reviewed the Outback Steakhouse proposal, details of which are
contained in Mr. Pfeil's memo to him of September 30, 1993.
Timothy Beechick, representing Hamilton Partners, made a presentation to the
Board, referring to the proposed site plans, a landscape diagram, and the south
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elevation.
All Trustees expressed concern regarding the parking on the private access road.
Mr. Beechick stated that the developer commits that vehicle headlights will not
shine into the nearby homes.
Allen Ganz, attorney representing Winberrie's restaurant, asked about a traffic
study on existing Outback restaurants, and also asked about employee parking.
Mr. Beechick responded to Mr. Ganz.
Mr. Ganz then asked Tim Lukoski, manager of Winberrie's, several questions
regarding that operation, particularly about the parking.
Mr. Raysa noted that the Village Board is acting on that certain draft dated
10/1/93; he also reviewed several grammatical corrections to the draft.
Upon roll call, Trustees voted as follows on the motion:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
BUFFALO GROVE TOWN CENTER TIF
Mr. Balling reviewed the consideration of the Buffalo Grove Town Center TIF
Reconstruction Term Sheet, details of which are contained in his memo to the
Board of September 30, 1993.
Trustee Braiman suggested that, under item four, it should be an independent
architect.
President Mathias polled the Board: "YES" indicates approval of the Terms Sheet;
"NO" indicates opposition:
YES: Reid, Kahn, Rubin, Braiman
NO: Marienthal, Hendricks
Greg Hummel, attorney with Rudnick & Wolfe representing Melvin Simon, noted that,
regarding paragraph three, they want to make perfectly clear that they recognize
that money has to be spent before those funds can be recovered out of an escrow.
There is no issue at all with the basic economics.
President Mathias noted a request from an adjacent property owner to have a fence
erected between the Town Center and her property.
1994 CONTRACT STREET MAINTENANCE PROGRAM
Mr. Balling reviewed subject program, details of which are contained in his memo
to the Board of September 30, 1993.
All Trustees stated that they are in favor of the recycling method; however, we
should learn from the experiences of this past summer; there should be extensive
communication with residents; the communications should be clear, and they should
be available to every resident.
VILLAGE HALL FURNITURE BID
Moved by Reid, seconded by Kahn, to authorize acceptance of the State Contract
Bid for Village Hall Furniture, details of which are contained in Mr.
Szymborski's memo to Mr. Balling of September 30, 1993. Upon roll call, Trustees
voted as follows:
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AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
EXECUTIVE MEETING
Moved by Kahn, seconded by Reid, to move to Executive Meeting to discuss
potential litigation. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
The Board moved to Executive Meeting at 9:20 P.M.
Moved by Hendricks, seconded by Kahn, to reconvene the meeting. Upon voice vote,
the motion was unanimously declared carried. The meeting reconvened at 9:31 P.M.
ADJOURNMENT
Moved by Reid, seconded by Kahn, to adjourn the meeting. Upon voice vote, the
motion was unanimously declared carried. The meeting was adjourned at 9:31 P.M.
Ja? M Sirabian, Village Clerk
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