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1994-04-18 - Village Board Regular Meeting - Minutes 9478 4/18/94 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, APRIL 18, 1994 CALL TO ORDER President Mathias called the meeting to order at 7:38 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; Raymond Rigsby, Superintendent of Public Works; Robert Pfeil, Village Planner; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Hendricks, seconded by Reid, to approve the minutes of the April 4, 1994 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSTAIN: 1 - Kahn Motion declared carried. WARRANT #764 Mr. Tenerelli read Warrant #764. Moved by Rubin, seconded by Kahn, to approve Warrant #764 in the amount of $1,535,241.52, 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. COMMISSION FOR RESIDENTS WITH DISABILITIES President Mathias read a Certificate of Appreciation to Gayle Christofano for service on the Commission for Residents with Disabilities from 1992-1994. PLAN COMMISSION President Mathias also noted a Certificate of Appreciation to Arlene Genell for service on the Plan Commission from 1991-1994. MUNICIPAL CLERK'S WEEK President Mathias read a Proclamation declaring the week of May 1-7, 1994 as Municipal Clerk's Week in the Village of Buffalo Grove. SENIOR CITIZEN CELEBRATION DAY President Mathias read a Proclamation setting aside May 11, 1994 as Senior Citizen Celebration Day in the Village of Buffalo Grove. 1 9479 4/18/94 COMMISSION FOR RESIDENTS WITH DISABILITIES President Mathias appointed John Mangan and Richard Kahen to the Commission for Residents with Disabilities with terms to expire April 30, 1995. Moved by Rubin, seconded by Reid, to concur with President Mathias' appointments. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks �./ NAYS: 0 - None Motion declared carried. President Mathias recognized Mr. Mangan and Mr. Kahen, and thanked them for their willingness to serve the Village. BUFFALO GROVE DAYS COMMITTEE President Mathias appointed Rocco Pape to the Buffalo Grove Days Committee. Moved by Rubin, seconded by Kahn, to concur with President Mathias' appointment. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. Mr. Pape was also in the audience and was recognized by President Mathias and thanked for devoting his time to this committee. COURTESY CORPORATION Mr. Balling explained the request of The Courtesy Corporation, details of which are contained in Mr. Pfeil's memo to him of April 14, 1994. Moved by Braiman, seconded by Kahn, to refer the Courtesy Corporation proposed building connector to the Plan Commission for review. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. GLENKIRK CORPORATION Trustee Rubin noted an article in the newspaper regarding the time donated by Buffalo Grove Police and Firefighters for a benefit for Glenkirk. IRMA Mr. Balling noted the plaque and monetary award received by the Buffalo Grove Fire Department for having one of the "Best Vehicle Accident Records" among municipalities, details of which are contained in Chief Allenspach's memo to him of April 7, 1994. MANAGEMENT REPORT Mr. Balling noted the submittal of the Management Report for March, 1994; there were no questions on same. PUBLIC HEARING - FY1994-95 APPROPRIATION ORDINANCE President Mathias opened the Public Hearing at 7:51 P.M. , noting that Notice of Public Hearing was published in the Daily Herald on April 8, 1994. 9480 4/18/94 Mr. Brimm made a brief presentation regarding the Appropriation Ordinance, details of which are contained in his memo to Mr. Balling of April 12, 1994. President Mathias asked if there were any comments or questions from anyone in the audience or on the Board; there were none. At 7:55 P.M. , President Mathias continued the Public Hearing until May 2, 1994. 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 #94-21 - WATER & SEWER RATES Moved by Marienthal, seconded by Braiman, to pass Ordinance #94-21, Amending Sections 13.04.190 and 13.04.290 of the Buffalo Grove Municipal Code as it concerns water and sewer rates and fees. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. ORDINANCE #94-22 - Disposal of Surplus Property Moved by Marienthal seconded by Braiman, to pass Ordinance #94-22, Authorizing the disposal of surplus Village personal property. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. RESOLUTION #94-19 - Retirement of MFT funds Moved by Marienthal, Seconded by Braiman, to Provide for the retirement of certain municipal indebtedness by the use of Motor Fuel Tax Funds. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. RESOLUTION #94-20 - Agreement with IL Housing Authority �./ Moved by Marienthal, seconded by Braiman, to pass Resolution #94-20, Authorizing the execution of an intergovernmental agreement between the Village of Buffalo Grove and the Illinois Housing Development Authority. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. 9481 4/18/94 RESOLUTION #94-21 - Contract Countryside Fire Protect. Dist. Moved by Marienthal, seconded by Braiman, to pass Resolution #94-21, Authorizing the execution of a service contract between the Village of Buffalo Grove and the Countryside Fire Protection District. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. RESOLUTION #94-22 - Contract wheeling Rural Fire Protect. Dist. Moved by Marienthal, seconded by Braiman, to pass Resolution #94-22, Authorizing the execution of a revised service contract between the Village of Buffalo Grove and the Wheeling Fire Protection District. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. FIRE STATION #25 Parking Lot - Authorize to Bid Moved by Marienthal, seconded by Braiman, to Authorize to Bid - Fire Station #25 parking lot improvement. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. 1994 SIDEWALK REPLACEMENT PROGRAM Moved by Marienthal, seconded by Braiman to Authorize to Bid - 1994 Sidewalk Replacement Program. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. CARPET REPLACEMENT - Authorize to Bid Moved by Marienthal, seconded by Braiman to Authorize to Bid - Carpet Replacement for Village Hall Lower Level. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. ORDINANCE #94-23 - TOWN CENTER PUD Mr. Balling pointed out the minor changes which were made, details of which are contained in his memo to the Board of April 14, 1994. Mr. Schwartz stated that the ordinance as presented tonight is acceptable to the owner. Moved by Braiman, seconded by Reid, to remove the ordinance from the table. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. 9482 4/18/94 Moved by Marienthal, seconded by Reid, to pass Ordinance #94-23, approving the Eighth Amendment to the Town Center Planned Unit Development Ordinance (Theater and Retail Center - Phase I and Phase II) . RESOLUTION #94-23 - TOWN CENTER REDEVELOPMENT Moved by Marienthal, seconded by Kahn, to pas Resolution #94-23, concerning the redevelopment of the Buffalo Grove Town Center. President Mathias then read the proposed resolution. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. TAX INCREMENT FINANCING RESTRUCTURING TERM SHEET Mr. Balling explained the proposed resolution, and summarized the 12 points in the Buffalo Grove Town Center Tax Increment Financing Restructuring Term Sheet. In answer to a question from Trustee Kahn, Mr. Brimm stated that the resolution passed by the Joint Review Board is still in effect. Trustee Kahn stated that, based on past performance of Melvin Simon & Associates, he has a problem in saying that he believes that any of this will come to pass. Trustee Reid asked what indication we have had that the re-draft dated April 8, 1994 will take less than six months to draw a response; Mr. Balling replied, commenting on the meetings that he has had. Trustee Reid stated that the developer has lost credibility; he is not sure of the advantage of putting more money into this to bail out the original bondholders; he does not believe the Village has assurance that they will proceed to develop the Town Center; he is very leery about proceeding in this direction because of the poor track record of the developer. Trustee Braiman stated that he agrees that Melvin Simon & Associates has a poor track record, but he believe the Board has to look toward the future of the Town Center; he really does not want to do this, but he believes the only way to get any type of benefit out of the Town Center is if there is re-development; he would like to hear comments from the development team with regard to credibility. Trustee Marienthal also stated that there is no credibility with this developer; he cannot in good conscience obligate the community to the re-structuring of this TIF because he believes it is a disservice to the residents. Trustee Rubin stated that, although he is uncomfortable with this, he does not believe the Board has a choice. Trustee Kahn stated that he would like to see the Joint Review Board reconvene to review the current term sheet, and he would like to get input from the representatives of the other taxing bodies. Trustee Braiman stated that he has no problem with putting this off for 30-45 days for further review. Trustee Hendricks stated that this proposal will lose another 11 years of tax money when there are no guarantees; the developer has never delivered on anything that has been brought forth. 9483 4/18/94 Moved by Kahn, seconded by Braiman, to defer this matter until the Joint Review Board can be convened for the purpose of discussion of the revised term sheet, and until input can be obtained from all taxing bodies. There was some discussion, at which time Trustee Reid called the question. Upon 'roll call, Trustees voted as follows on whether or not the questions should be called: AYES: 4 - Marienthal, Reid, Kahn, Hendricks NAYS: 2 - Rubin, Braiman Upon roll call, Trustees voted as follows on the motion to defer: AYES: 5 - Marienthal, Reid, Kahn, Braiman, Hendricks NAYS: 1 - Rubin Motion declared carried. President Mathias stated that this matter will be deferred until the Joint Review Board can be convened, and until all districts have an opportunity to discuss this with staff, but no longer than 45 days. Marc Schwartz, attorney representing the developer, stated that they are in attendance for the purpose of providing information; he stated that a 45 day delay might be too late; he acknowledged that there have been problems and that there is a credibility issue. President Mathias stated that the matter which was deferred was the resolution to approve the terms sheet. Trustee Kahn stated that the Village gave the developer the opportunity to refinance six months ago, and the developer walked away from the table; he does not wish to hear any more tonight, and he believes the developer should make a presentation before the Joint Review Board. Trustee Rubin stated that he believes it is a mistake to defer this matter. Trustee Reid does not want to go on the basis of what he hears tonight; he wants to see it in writing. Mr. Schwartz again acknowledged that there were problems in the past, but they are here tonight to move forward. Trustee Marienthal stated that the Village had asked for things to be completed on a timely basis, and that did not happen. Trustee Braiman stated that he would like to hear from the developer tonight. President Mathias asked if there was any objection to hearing no more than a 15 minute presentation from the developer; there was no objection from Trustees. President Mathias declared a recess from 9:05-9:15 P.M. Mr. Schwartz made a presentation to the Board, after which Mr. Dinsmore made a presentation on the theater. RESOLUTION #94-24 - HOME RULE AUTHORITY Moved by Braiman, seconded by Kahn, to pass Resolution #94-24, concerning the pre-emption of Home Rule Authority as proposed by Amendment 2 to Illinois Senate Bill 1168, details of which are contained in Mr. Szymborski's memo to him of April 14, 1994. 9484 4/18/94 It was noted that the proposed resolution should be sent to our local legislators as well as the Northwest Municipal Conference. It was also stated that there should be a separate resolution, separate from the gun control issue, that addresses constitutional rights regarding Home Rule. Mr. Balling stated that, when this resolution is transmitted, it will be noted that further comment from the Board will be forthcoming. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. GOLF COURSE MAINTENANCE EQUIPMENT Moved by Reid, seconded by Kahn, to award bid for Buffalo Grove Golf Course Maintenance Equipment, details of which are contained in Mr. Molinaro's memo to the Board of April 15, 1994. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. KONAMI DEVELOPMENT Moved by Marienthal, seconded by Kahn, to refer the proposed Konami Development to the Plan Commission for review, details of which are contained in Mr. Pfeil's memo to Mr. Balling of April 14, 1994. Scott Shavlis, KLLM Architects, made a presentation regarding the proposed development. In response to a question from President Mathias, Mr. Shavlis responded regarding approval for this development from Vernon Hills. President Mathias stated that the Village would like some representation that they do intend to develop in Buffalo Grove; he stated that the petition was submitted, but not signed. Trustee Braiman asked that the Plan Commission review the possible results if this development were to vacate after a period of time. Trustee Reid asked how the Village hotel tax would apply, since this facility would not collect money from guests, but would be paid by the corporation. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. STREET LIGHT MAINTENANCE After brief discussion, it was moved by Rubin, seconded by Hendricks, to table this item until the May 2, 1994 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. It was requested that similar practices in neighboring communities be investigated. 9485 4/18/94 BULK ROCK SALT PURCHASE Trustee Reid explained this purchase, details of which are contained in Mr. Rigsby's memo to Mr. Balling of April 7, 1994. I Moved by Reid, seconded by Rubin, to authorize the staff to participate in - bidding for Bulk Rock Salt through the State of Illinois Joint Purchasing Program. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. WISCONSIN CENTRAL COMMUTER RAIL STATION PROJECT Mr. Szymborski summarized his recommendation for this project, further details of which are contained in his memo to Mr. Balling of April 15, 1994. Moved by Reid, seconded by Hendricks, to waive bid and award the contract for Design Construction Management Services for the Wisconsin Central Commuter Rail Station Project to McLennan & Thebault in an amount not to exceed $257,551.50. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. BOND PRESENTATION BOOKLET Trustee Marienthal complimented staff on the outstanding job they did on the bond rating presentation booklet. EXECUTIVE MEETING Moved by Kahn, seconded by Braiman, to move to Executive Meeting to discuss Litigation. Upon roll call, Trustees voted as follows: 1 AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. The Board moved to Executive Meeting from 9:58 P.M. until 10:45 P.M. 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 10:46 P.M.4 JaerMn- 1 . Sirabian, Village Clerk APPROVED BY ME THIS jE7 DAY OF ) 1994 Vill r