1993-12-04 - Village Board Regular Meeting - Minutes 9411
12/6/93
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE
VILLAGE OF BUFFALO GROVE, HELD IN CHIPPER'S RESTAURANT,
48 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS
ON MONDAY, DECEMBER 6, 1993
CALL TO ORDER
President Mathias called the meeting to order at 7:34 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; Gregory Boysen, Director of
Public Works; Robert Pfeil, Village Planner; Carmen Molinaro, Director of Golf
Operations; and Joseph Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Hendricks, seconded by Reid, to approve the minutes of the
November 15, 1993 Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSTAIN: 1 - Kahn
Motion declared carried.
WARRANT #755
Mr. Tenerelli read Warrant #755. Moved by Rubin, seconded by Reid, to approve
Warrant #755 in the amount of $2,005,177.44, 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.
COMMENDATION
President Mathias read a commendation to Grant Guibourdanche of Adlai Stevenson
High School for his achievements with the Patriots Varsity Soccer Team. Mr.
Guibourdanche came forward and was presented with the Commendation and was
congratulated bythe audience and the Board.
g
SERVICE AWARD
President Mathias noted an award presented to William R. Balling by the ICMA in
I recognition of 20 years of service to local government; he thanked Mr. Balling
for his dedication to the Village.
BUFFALO GROVE DAYS
Cheryl Winstead, Buffalo Grove Days Chair, reported on the possibility of the use
of Busch Grove as a site for Buffalo Grove Days. Mr. Balling stated that notices
will be sent out to residents near that site, so that all three sites can be
discussed at the public information meeting, details of which are contained in
Mr. Versten's memo of November 16, 1993.
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GUN CQ?INQ+GRMINCE
Trustee Braiman asked about the timing of the ordinance he proposed regarding gun
control; President Mathias stated that he believes the issue should be scheduled
for a meeting after the new Council Chambers are completed.
TOWN CENTER TIF
Trustee Braiman asked for an update on the Town Center TIF, which was provided
by Mr. Balling. Mr. Balling will get more information by the end of the week.
HOLIDAY PARTY
President Mathias commented on the success of the Village Holiday Party held at
Chipper's Restaurant Saturday night, and commended the Food Services staff for
an excellent meal.
FLU SHOT PROGRAM
Mr. Balling reported on the Village Flu Shot Program, details of which are
contained in Mr. Sheehan's memo to him of November 29, 1993.
MIS - UPDATE AND BID WAIVER
Mr. Balling reviewed the reason for the request for bid waiver, details of which
are contained in Mr. Szymborski's memo to him of December 1, 1993.
Moved by Rubin, seconded by Reid, to approve bid waiver for the MIS
Implementation Plan. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESERVOIR 2 PUMP STATION
Mr. Balling presented an update on the Reservoir 2 Pump Station improvement.
PUBLIC HEARING - COMERICA BANK
President Mathias opened the Public Hearing at 7:55 P.M., and noted that Notice
of Public Hearing was published in the Daily Herald on November 20, 1993.
President Mathias swore in the following people to give testimony: Lawrence
Freedman, Attorney; Donald Truschke, Vice President, Comerica Bank; Gerrie Smith,
Senior Vice President, Comerica Bank; and David Miller, President, Metro
Transportation Group.
Mr. Freedman made a presentation to the Board, details of which are contained in
Mr. Pfeil's memo to Mr. Balling of December 2, 1993.
The Plan Commission was unanimously in favor of the proposal.
Mr. Freedman recommended that nothing be finalized until staff and the Village
Attorney are satisfied with the accuracy of the legal descriptions.
President Mathias asked if there were any public agencies or members of the
public who wished to comment.
A resident of 364 Bentley Place stated that he had appeared before the Plan
Commission, and was impressed with their work, their dedication, and their
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thorough analysis of this property; he believes the bank is an excellent use for
the property; he has reservations regarding the traffic, specifically the left-
turn lanes; he also has concerns regarding the six acres and how it will be
utilized in the future.
A resident of 360 Bentley Place also voiced concerns regarding the traffic,
citing the volume of traffic which already travels on Weiland Road; he suggested
no left turns be allowed into the complex from Weiland from 7:00-9:30 A.M. week-
day mornings.
Plan Commissioner Krug reviewed the proceedings at the Plan Commission, stating
that the Plan Commission spent a great deal of time on the traffic.
In answer to a question from TYustee Hendricks, Gerrie Smith stated that the
proposed hours of operation are 9:00 A.M.-4:00 P.M. Monday through Thursday and
9:00-6:00 P.M. on Friday, and 9:00 A.M.-12:00 P.M. on Saturday for the lobby;
7:00 A.M.-6:00 P.M. Monday through Friday, and 7:00 A.M.-12:00 or 1:00 P.M. on
Saturday for the drive-up, as well as a 24-hour cash station.
Mr. Freedman stated that they do not believe the amount of traffic will merit
prohibiting left turns, and suggested that the Board allow the bank to become
operational, and if it does become a problem, they will not object to prohibiting
left turns from Weiland. If the Village does request the left turn restriction,
Mr. Freedman stated that they would join with the Village and send a letter to
the County requesting same.
At 8:12 P.M., President Mathias continued the Public Hearing until later on in
the agenda.
QUESTIONS FROM 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;
there were no such requests.
ORDINANCE #93-92, Variance of Sian Code
Moved by Braiman, seconded by Kahn, to approve Ordinance #93-92, Granting a
Variance from Section 14.20.050 and 14.20.070 of the Buffalo Grove Sign Code to
allow for the installation of a ground sign within 250 feet of an existing sign -
K.G.R. International Corp., 901 Deerfield Parkway. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
ORDINANCE #93-93, Aptakisic Rd. Waterstain Recoupment
Moved by Braiman, seconded by Kahn, to approve Ordinance #93-93, Providing for
the Recoupment of Advances for Construction of Watermains at the southeast corner
of Weiland and Aptakisic Roads. 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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ORDINANCE #93-94, Aptakisic Rd. Watermain Recoups"
Moved by Braiman, seconded by Kahn, to approve Ordinance #93-94, Providing for
the Recoupment of Advances for Construction of Watermains along the south side
of Aptakisic Road for a distance of 165 feet east of Buffalo Grove Road. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
`./ NAYES: 0 - None
Motion declared carried.
RESOLUTION #93-48, Corporate Personal Property Replacement Tax
Moved by Braiman, seconded by Kahn, to approve Resolutiion #93-48, A Resolution
Regarding Corporate Personal Property Replacement Tax Distribution - 1993. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
RESOLUTION #93-49, Cook County Tax
Moved by Braiman, seconded by Kahn, to approve Ordinance #93-49, A Resolution
Requesting the County of Cook not to collect the loss in collection on taxable
property 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.
RESOLUTION #93-50, Lake County Tax
Moved by Braiman, seconded by Kahn, to approve Ordinance #93-50, A Resolution
Requesting the County of Lake not to collect the loss in collection on taxable
property 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.
APTAKISIC ROAD WATERMAIN EASEMENT AGREEMENT
Moved by Braiman, seconded by Kahn, to Approve the Aptakisic Road Watermain
Project Easement Agreement, parcels 26 and 27. Upon roll call, Trustees voted
as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
CONCORD GLEN SUBDIVISION
Moved by Braiman, seconded by Kahn, to Approve a Final Plat of Subdivision,
Development Improvement Agreement and other attending conditions - Concord Glen
Subdivision. Upon roll call, Trustees voted as follows:
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AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
LENS OIL AGREEMENT
Moved by Braiman, seconded by Kahn, to Approve the Revised Participation
Agreement relating to the Lenz Oil site. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
TELEPHONE EASEMENT AGREEMENT
Moved by Braiman, seconded by Kahn, to Approve Telephone Easement Agreement for
Hamilton Partners/Chevy Chase Business Park. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion declared carried.
ORDINANCE#93-95 -COMERICA BANK
Moved by Marienthal, seconded by Reid, to pass Ordinance #93-95, approving a
rezoning from the Industrial District to the B-3 Planned Business Center District
and approving a Preliminary Plan in the B-3 and Industrial Districts as it
concerns Comerica Bank, Busch and Weiland Roads, subject to the Village
Attorney's review and approval of the legal description.
There was some discussion regarding the right deceleration lane.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-96 - CONERICA BANK
Moved by Marienthal, seconded by Hendricks, to pass Ordinance #93-96, approving
an amendment to the Corporate Grove Corridor Annexation Agreement as it relates
to Comerica Bank, with the stipulation that, if the Village should so request,
the developer will join in with the Village in sending a letter to the County
requesting a left turn restriction from Weiland Road. Upon roll call, Trustees
voted aS follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
President Mathias welcomed Comerica Bank to the Village, and then closed the
Public Hearing at 8:25 P.M.
ORDINANCE #93-97
Mr. Balling introduced the tax abatement ordinances.
Trustee Rubin again reminded residents that, although the Village's portion of
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the property tax bill may go down, it is only 10-12% of the total property tax
bill.
Mr. Brimm presented an overview of the tax abatement ordinances, details of which
are contained in Mr. Balling's memo to the Board of December 2, 1993, as well as
his memo to Mr. Balling of December 1, 1993.
President Mathias thanked Mr. Brimm for his work.
Moved by Reid, seconded by Kahn, to pass Ordinance #93-97, abating a portion of
the taxes levied for the Corporate Purpose General Obligation Bonds - Series 1986
of the Village of Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-98
Moved by Reid, seconded by Hendricks, to pass Ordinance #93-98, abating a portion
of the taxes levied for the Corporate Purpose General Obligation Bonds - Series
1987 of the Village of Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-99
Moved by Reid, seconded by Kahn, to pass Ordinance #93-99, abating a portion of
the taxes levied for the Corporate Purpose General Obligation Bonds - Series 1988
of the Village of Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE # 93-100
Moved by Reid, seconded by Hendricks, to pass Ordinance #93-100, abating a
portion of the taxes levied for the Corporate Purpose General Obligation Bonds -
Series 1989 of the Village of Buffalo Grove. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-101
Moved by Reid, seconded by Kahn, to pass Ordinance #93-101, abating a portion of
the taxes levied for the Corporate Purpose General Obligation Bonds - Series 1992
of the Village of Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-102
Moved by Reid, seconded by Hendricks, to pass Ordinance #93-102, abating a
portion of the taxes levied for the Corporate Purpose General Obligation Bonds -
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Series 1981 of the Village of Buffalo Grove. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-103
Moved by Reid, seconded by Kahn, to pass Ordinance #93-103, abating a portion of
the taxes levied for the Corporate Purpose General Obligation Bonds - Series 1982
of the Village of Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-104
Moved by Reid, seconded by Hendricks, to pass Ordinance #93-104, bating a portion
of the taxes levied for the Corporate Purpose General Obligation Bonds - Series
1984 of the Village of Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-105
Moved by Reid, seconded by Kahn, to pass Ordinance #93-105, abating a portion of
the taxes levied for the Corporate Purpose General Obligation Bonds - Series
1993-A of the Village of Buffalo Grove. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-106
Moved by Reid, seconded by Kahn, to pass Ordinance #93-106, abating a portion of
the taxes levied for the Corporate Purpose General Obligation Bonds - Series
1993-B of the Village of Buffalo Grove. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #93-107 - Cilantro Restaurant
Moved by Hendricks, seconded by Reid, to pass Ordinance #93-107, amending
Chapter 5.20, Liquor Controls, of the Village of Buffalo Grove Municipal Code
allowing for the creation of an additional Class A liquor license - Cilantro
Restaurant, details of which are contained in Mr. Brimm's memo to Mr. Balling
of November 30, 1993.
Trustee Braiman noted that the revised procedure for liquor ordinances should be
available soon.
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Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESOLUTION #93-51
Moved by Reid, seconded by Marienthal, to pass Resolution #93-51, adopting the
Fiscal 1994 Budgets for the Buffalo Grove Golf Club, Arboretum Golf Course and
Food Service Operations funds, details of which are contained in Mr. Brimm's memo
to Mr. Balling of November 16, 1993. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
CAR WASH/SALE DEVELOPMENT
Alan Blumenthal, attorney, made a presentation to the Board regarding the
proposed car wash, referring to photo displays, details of which are contained
in Mr. Pfeil's memo to Mr. Balling of December 2, 1993.
Allen Kracower, planner, commented on the plan; they do not believe the noise
will be a problem; they believe traffic will be less offensive from a car wash
than from a restaurant.
There was a great deal of discussion regarding the fact that this is a one-acre
proposal; Trustees are concerned about varying from the ordinance requirement
which requires the land to be developed in four-acre parcels.
Trustee Rubin stated that the reason the frontage road was approved was because
this was supposed to be developed as light industrial, which would generate less
traffic than a car wash.
Trustee Braiman stated that he would like to see some kind of plan with the other
Zale acres, so this is not developed piece-meal; he is concerned about the noise
and what effect it would have on the neighbors; there is a lot of landscaping on
the south end of the lot, but not much on the north end, which abuts residential.
Trustee Marienthal believes this is an inappropriate use, and will bring in too
much traffic to an area never intended to have this much traffic; since this is
the first venture for this developer, there is no track record to compare.
Trustee Hendricks agrees with Trustee Braiman; he would like to hear input from
the residents adjacent to the site.
Trustee Reid is particularly concerned about the fact that this is only one acre
of a four acre requirement; he does not want this to come back in one acre
parcels.
Russell Harris, 295 Blackthorn, cited his concerns: life safety, environmental
impact, and the integrity of the neighborhood; there would be a great deal of
\../ noise; there is only a row of bushes between the lot line and the roadway; there
would be a lot of carbon monoxide from all the cars going by there.
Trustee Rubin stated that, when the homes were purchased, they knew there was a
non-residential lot on that site; he asked if the residents would be opposed to
a restaurant.
Mr. Harris stated that they would be opposed to a restaurant, but they would not
be opposed to the original zoning, i.e. light industrial.
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Trustee Rubin stated that he would have trouble supporting a car wash; he would
probably support a restaurant.
President Mathias polled the Board: "YES" indicates favor of consideration of
this parcel as a one-acre site; "NO" indicates opposition:
YES: None
NO: Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
President Mathias polled the Board: "YES" indicates favor of consideration of
a car wash as part of another parcel; "NO" indicates opposition:
YES: Reid*, Kahn, Rubin**, Braiman***, Hendricks****
NO: Marienthal,
*Would consider zoning to B-2, but would want to know what the plan is; would not
rule a car wash either in or out.
**If it was a combined site, a car wash is a possibility, if it could be located
so as not to be as much of an imposition on the neighborhood.
***With a better plan.
****Agrees with Trustees Reid and Rubin.
President Mathias stated that the Board will not consider the car wash on just
the one-acre site; he stated that he residents will be notified if this parcel
is brought before the Board again.
BUFFALO GROVE GOLF COURSE - Golf Carts
Moved by Reid, seconded by Kahn, to award contract for Golf Carts for Buffalo
Grove Golf Course, as outlined in Mr. Molinaro's memo to the Board of
November 24, 1993. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
PUBLIC WORKS GIS SYSTEM
Mr. Balling reviewed the proposal, details of which are contained in Mr. Boysen's
memo to him of November 18, 1993.
Moved by Reid, seconded by Rubin, to approve an agreement with Applied Computer
Technology for the Public Works GIS System. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
EXECUTIVE MEETING
Moved by Kahn, seconded by Hendricks, to move to Executive Meeting to discuss
litigation. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
The Board adjourned to Executive Meeting from 9:19 P.M. until 10:30 P.M.
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ADJOURNMENT
Moved by Rubin, seconded by Braiman, to adjourn the meeting. Upon voice vote,
the motion was unanimously declared carried. The meeting was adjourned at
10:30 P.M.
Jana M. Sirabian, Village Clerk
52-11\-
APPROVED BY ME THIS
DAY , 3
Vil