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1992-07-20 - Village Board Regular Meeting - Minutes 9066 7/20/92 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN COUNCIL CHAMBERS, VILLAGE HALL, JULY 20, 1992 President Mathias called the meeting to order at 7:33 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President ROLL CALL 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; Robert Pfeil, Village Planner; Fire Chief Allenspach and Joseph Tenerelli, Village Treasurer. Moved by Hendricks, seconded by Reid, to approve the APPROVAL OF MINUTES minutes of the July 6, 1992 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Mr. Tenerelli read Warrant #722. Moved by Braiman WARRANT #722 seconded by Reid, to approve Warrant #722 in the amount of $1,392,952.19, authorizing payment of bills listed. Trustee Marienthal asked that the amount of $2,118.00 for National League of Cities be removed from this Warrant, and that Staff provide more information on what benefit this amount represents. Staff will provide the requested information at the next meeting. Trustees Braiman and Reid agreed to remove this $2,118.00 from the Warrant. Trustee Reid agreed to remove this particular item from the Warrant #722, but he asked that specific questions on Warrant items be brought up with staff prior to the meeting, and not brought up during the Board meeting. Upon roll call, Trustees voted on the amended Warrant #722 as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried 9067 7/20/92 Moved by Kahn, seconded by Reid, to move to Executive EXECUTIVE MEETING Meeting to discuss Personnel. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. The Board adjourned to Executive Meeting at 7:37 P.M. , and reconvened at 8:06 P.M. President Mathias appointed Dr. Eric Smith and Dr. Richard BOARD OF HEALTH Pervos to the Board of Health for terms to expire 4/30/93; and appointed Dr. Mark Heiss and Mary Jo Jasinski as Board of Health Chairman and Vice-Chairman, respectively, for terms to expire 4/30/93. Moved by Braiman, seconded by Rubin, to concur with President Mathias' appointments. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. President Mathias recognized Dr. Smith and Dr. Heiss, and thanked them for their willingness to serve the Village in this capacity. President Mathias appointed Jeffrey Berman to the Plan PLAN COMMISSION Commission for a term to expire 4/30/93. Moved by Reid, seconded by Rubin, to concur with President Mathias' appointment. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. President Mathias recognized Mr. Berman and thanked him for agreeing to serve on the Plan Commission. President Mathias appointed Eddie Larsen as Chairman of APPEARANCE the Appearance Commission for a term to expire 4/30/95. COMMISSION Moved by Kahn, seconded by Reid, to concur with President Mathias; appointment. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. 9068 7/20/92 President Mathias reported on a meeting that he had with WISCONSIN CENTRAL our legislators with regard to the Wisconsin Central Railroad. Trustee Marienthal asked if the Wisconsin Central is planning on using the line more than has been done in the past. Mr. Balling will request a schedule from the Wisconsin Central. Trustee Reid stated that he would also like to know the number of cars being pulled each day, as well as the tonnage, and the trend of this movement. Trustee Marienthal questioned the replacement program for PARKWAY/SIDEWALK parkway trees and sidewalks in new developments of the REPLACEMENT Village. Mr. Balling replied to Trustee Marienthal's question. Mr. Balling noted the submission of the Management Report MANAGEMENT REPORT for June, 1992. Trustee Marienthal asked that a column for the previous year be added to the Police Department report; Mr. Balling stated that would be done. President Mathias asked a question regarding water usage, which was answered by Mr. Balling. President Mathias asked about the dirt removal surrounding RESERVOIR the new reservoir; Mr. Balling responded. Mr. Balling presented a plaque from the Government GFOA AWARD Finance Officers Association for Certificate of Achievement of Excellence in Financial Reporting to President Mathias. Mr. Balling also presented an award given by the National Federation of Municipal Analysts, and explained this new award for the Village. President Mathias and Mr. Balling thanked Mr. Brimm for enabling the Village to receive these awards. PUBLIC HEARING - DEPOT PLACE ANNEXATION AGREEMENT At. 8:23 P.M. , President Mathias noted this Public Hearing is continued from the July 6, 1992 meeting. Mr. Balling brought the Board up to date on the progress being made, details of which are contained in Mr. Pfeil's memo of July 16, 1992, and stated that he hopes to have the ordinances ready for the August 3, 1992 meeting. Mr. Balling answered a question asked by Trustee Marienthal. Moved by Marienthal, seconded by Reid, to continue the Public Hearing for Depot Place Annexation Agreement until August 3, 1992. Upon roll call, Trustees voted as follows: 9069 7/20/92 AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. At 8:27 P.M. , President Mathias continued this Public Hearing until August 3, 1992. President Mathias asked if there were any questions from QUESTIONS FROM THE the audience; there were none. AUDIENCE President Mathias explained the Consent Agenda, stating CONSENT AGENDA that any member of the audience or the Board could request that an item be removed for full discussion; it was requested that Item XI. A. , be removed from the Consent Agenda. President Mathias noted that Item XI.A. should read: "Approval of a Final Plat of Subdivision and Development Improvement Agreement and Approval of Termination of License Agreement - Barclay Station". Moved by Kahn, seconded by Braiman, to Approve the Final ROGERS CENTRE FOR Plat of Subdivision, Development Improvement Agreement and COMMERCE attending conditions - Rogers Centre for Commerce - East. (DIA) Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Braiman, to accept the ANGUS CHEMICAL CO. Appearance Commission Approval: Angus Chemical Company, (Aesthetics) 1500 Lake Cook Road - Permanent Monument Sign. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Braiman, to accept the ROGERS CENTRE FOR Appearance Commission Approval: Rogers Centre for COMMERCE -EAST Commerce - East: 1. Elevations/Materials, 2. (Aesthetics) Landscaping/Lighting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. 9070 7/20/92 Moved by Kahn, seconded by Braiman, to Approve a PINES RESUBDIVISION Development Improvement Agreement - Pines Resubdivision, (DIA) Buffalo Grove Commerce Center. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Trustee Rubin made some comments regarding the proposed RESOLUTION #92-36 resolution. Mr. Symborski then explained the proposed (ADA) resolution, details of which are contained in his memo to Mr. Balling of July 16, 1992. Moved by Rubin, seconded by Marienthal, to pass Resolution #92-36, Approving a Transition Plan Allowing for the Village of Buffalo Grove to Comply with the Americans With Disabilities Act of 1990. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Rubin, seconded by Kahn, to pass Resolution RESOLUTION #92-37 #92-37, Establishing a Grievance Procedure in Compliance (ADA) with the Americans with Disabilities Act of 1990, inserting language subject to the approval of the Village Attorney and the ADA Coordinator. Trustee Rubin raised several questions with regard to the proposed resolution. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Trustee Marienthal requested that the final version be distributed to the Board. Mr. Balling reviewed the proposed financing plan for ADA ADA FINANCING PLAN Compliance Modifications and Expansion Plan for Village Hall, other Village Facilities and Fire Station 26 Administrative Addition, details of which are contained in Mr. Brimm's memo to him of July 16, 1992. It was determined that discussion of the Fire Administration Addition will be a separate topic. 9071 7/20/92 After Discussion, President Mathias noted that there will be a Finance Committee meeting on Wednesday, July 22, 1992 at 10:00 A.M. , and further report and recommendation will be brought back to the Board at the August 17, 1992 Board Meeting. Moved by Braiman, seconded by Kahn, to approve an ARCHITECT DESIGN Architect Design Services Agreement with Systems Design (ADA) Group, Ltd. , for ADA Compliance Modifications and Expansion for Village Hall and ADA Modifications to Other Village Facilities, subject to the approval of the Village Attorney. Details of this subject are contained in Mr. Weyrauch's memo to Mr. Balling of July 16, 1992. Trustee Marienthal stated that he cannot support this Agreement because he believes it should be put out for bid. Mr. Balling responded to Trustee Marienthal's comments, and other Board members commented on the advantages of approving this Agreement. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 1 - Marienthal Motion declared carried. Moved by Braiman, seconded by Hendricks, to approve a Construction Management Agreement with McLennan & Thebault, Inc. (MTI) for ADA Compliance Modifications and Expansion Plans for Village Hall and ADA Modifications to Other Village Facilities, subject to the approval of the Village Attorney. Trustee Marienthal stated that he also opposed this agreement because it was not put out for bid. Trustee Reid concurred with Trustee Marienthal's comments, although he has no problem with MTI, he does think that other possibilities should be explored. Trustee Braiman also concurred. Mr. Balling explained why staff had reason to request MTI for this project. President Mathias polled the Board, asking the Board to indicate whether they would prefer a competitive bid or MTI: Marienthal - Competitive Bid Reid - Competitive Bid Kahn - MTI Rubin - MTI Braiman - Competitive Bid Hendricks - MTI Mathias - MTI 9072 7/20/92 Upon roll call, Trustees voted as follows: AYES - 4 - Kahn, Rubin, Hendricks, President Mathias NAYES - 3 - Marienthal, Reid, Rubin Motion declared carried. Timothy Beechick, Hamilton Partners, introduced himself to DENNY'S the Board; he also introduced David Wright, representing Denny's Restaurants, and Ron Lunt and Mike Rolfs of Hamilton Partners. Mr. Beechick made a presentation to the Board regarding the proposed restaurant, details of which are contained in Mr. Pfeil's memo to Mr. Balling of July 16, 1992. Mr. Beechick stated that the architecture would conform to the rest of the Business Park. Discussion by the Board followed, with the following concerns being raised: 24-hour operation, parking, trash container placement, lighting, number of patrons expected between 12:00 A.M. and 6:00 A.M. ; experience the Police Department has had with this type of 24-hour operation. President Mathias polled the Board, asking that they indicate whether they would like to entertain an application at this point, or whether another pre-application conference would be desired: Marienthal - Another pre-application, because he would like to see something done with the parking and the placement of the building. Reid - Another pre-application, because he has concerns regarding the lighting, the parking, and the way the site is laid out. Kahn - Application acceptable, because he believes the representatives from Hamilton Partners and Denny's have heard the comments made tonight. Rubin - Application acceptable, because he does not believe the Board should do the work which should be done by the Plan Commission. Braiman - Application acceptable Hendricks - Pre-application conference President Mathias - Application acceptable, because he is confident that the petitioner has heard the concerns raised tonight, and if those concerns are not addressed, the project will not be referred to the Plan Commission. 9073 7/20/92 Mr. Balling reviewed the Six Month Performance Reports for GOLF COURSE/FOOD the Golf Course and Food Services Operations, details of SERVICE PERFORMANCE which are contained in his memo to the Board of July 16, 1992. Comments were then made by the Trustees regarding this report, and it was suggested that the Board look closely at same at the end of the golf season, before budget preparation begins. Tammy Halterman, a resident of the Pecara subdivision, and BARCLAY STATION Martha Marks, nominee for the Lake County Board representing the Pecara Subdivision, made a presentation to the Board, and asked that the Board not approve the Final Plat of Subdivision for Barclay Station until they can meet with the developer. Mr. Kuenkler's memo to Mr. Balling of July 14, 1992 discusses subject development. President Mathias requested that Mr. Kuenkler also be present at the meeting the next time this item is discussed. Mr. Balling briefly reviewed the history of this subject. Unless there has been a major modification to the plan which was approved, the Board could not go back and change the plan which it has already approved. Moved by Reid, seconded by Braiman, to table. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. President Mathias stated that this will be on the agenda for the August 3, 1992 Regular Meeting. Moved by Rubin, seconded by Reid, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:24 P.M. QTh . Jan M. Sirabian, Village Clerk APPROVED BY ME THIS : ►d, DAY OF QU , 1992. /t , Village P d