1992-10-19 - Village Board Regular Meeting - Minutes 9104
10/19/92
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN COUNCIL
CHAMBERS, VILLAGE HALL, OCTOBER 19, 1992
President Mathias called the meeting to order at 7:32 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, Rubin, Braiman and
Hendricks. Trustee Kahn was absent.
Also present were: Lee Szymborski, Acting Village
Manager; William Raysa, Village Attorney; William Brimm,
Finance Director; Robert Pfeil, Village Planner; Brian
Sheehan, Village Health Officer; Fire Chief Allenspach;
Police Chief McCann; and Joseph Tenerelli, Village
Treasurer.
Moved by Hendricks, seconded by Braiman, to approve the APPROVAL OF MINUTES
minutes of the October 5, 1992 Regular Meeting. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Marienthal, seconded by Reid, to approve the
minutes of the October 12, 1992 Committee of the Whole.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Mr. Tenerelli read Warrant #728. Moved by Marienthal, WARRANT #728
seconded by Reid, to approve Warrant #728 in the amount of
$1,483,816.16, authorizing payment of bills listed. Upon
roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Venette Biancalana, Assistant Principal of Tripp Middle RED RIBBON WEEK
School, explained Red Ribbon Week, and thanked the Village
for their support.
President Mathias then read a proclamation declaring the
week of October 24-November 1, 1992 as Red Ribbon Week in
Buffalo Grove.
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10/19/92
President Mathias appointed Connie Hedlund to the Blood BLOOD DONOR
Donor Commission for a term to expire April 30, 1993. COMMISSION
APPOINTMENT
Moved by Rubin, seconded by Reid, to concur with President
Mathias' appointment. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
President Mathias recognized Mrs. Hedlund and thanked her
for her willingness to serve the Village in this capacity.
President Mathias appointed Herman Hefler to serve on the ZBA APPOINTMENT
Zoning Board of Appeals for a term to expire April 30,
1993.
Moved by Marienthal, seconded by Hendricks, to concur with
President Mathias' appointment. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Mr. Szymborski explained the Truth in Taxation Tax Levy TRUTH IN TAXATION
Determination, details of which are contained in Mr. LEVY
Brimm's memo to Mr. Balling of September 1, 1992. Staff
is requesting that a Public Hearing be held as required on
November 16, 1992.
Moved by Rubin, seconded by Reid, to set a Public Hearing
for the Truth in Taxation Tax Levy Determination for
November 16, 1992. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Mr. Szymborski noted the submission of the Management MANAGEMENT REPORT
Report for September; there were no questions on same.
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 may request
that an item be removed for full discussion; there were no
such requests.
9106
10/19/92
Moved by Braiman, seconded by Rubin, to pass Ordinance ORDINANCE #92-76
#92-76, Amending Chapter 10.16, Buffalo Grove Vehicle and (Vehicle & Traffic
and Traffic Code adopting by reference the entire Illinois Code)
Vehicle Code. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to pass Ordinance ORDINANCE #92-77
#92-77, Amending Chapter 6.08.050 of the Code regarding (Impounding Fees)
penalties for stray animal impoundment. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to pass Ordinance ORDINANCE #92-78
#92-78, Amending Section BG-16-104, Penalties, and Section (Compliance
BG-16-105, Compliance Violation Penalties of the Code Violations)
regarding penalties for dogs running at large. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to Approve the DEDICATION AGREEMENT
Dedication Agreement - with the Buffalo Grove Park
District regarding r.o.w. on IL Highway 83. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to Approve a ARBOR CREEK
Development Improvement Agreement - Arbor Creek Business BUSINESS CENTRE
Center - Lot 102, Cellular One. Upon roll call, Trustees (DIA)
voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to Approve an APTAKISIC ROAD
Easement Agreement for the Aptakisic Road Watermain (Easement Agree.)
Project with Abbott Contractors, Parcels 23, 24, and 25.
Upon roll call, Trustees voted as follows:
910/
10/19/92
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Reid, to Approve a WINDSOR RIDGE
Certificate of Initial Acceptance and Approval - Windsor (Final Acceptance)
Ridge Units 1 and 2. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to Approve the Joint LIQUID CALCIUM
Purchase of Liquid Calcium Chloride through the Northwest CHLORIDE PURCHASE
Municipal Conference. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to Authorize the STEP VAN PURCHASE
Waiver of Bids and Approval to Purchase a Used Step Van (Waiver of Bids)
for the Buffalo Grove Fire Department. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to accept the 730 HASTINGS LN.
Appearance Approval: 730 Hastings Lane Addition - 1. (Aesthetics)
Elevations/Materials 2. Landscaping/Lighting. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Braiman, seconded by Rubin, to accept the ASAP SOFTWARE CORP.
Appearance Commission Approval: ASAP Software Corp. (Aesthetics)
Headquarters, Lot 1-4, Asbury Drive. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
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10/19/92
Moved by Braiman, seconded by Rubin, to Accept the AUDITOR'S REPORT
Auditor's Report on Arbitrage Rebate Calculation, Series A
Tax Increment Revenue Bonds. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Mr. Szymborski reviewed the background regarding the BILLS
proposed ordinance, details of which are contained in Mr. (Sound System)
Pfeil's memo to Mr. Balling of October 15, 1992.
Moved by Rubin, seconded by Braiman, to pass Ordinance
#92-79, Approving a Special Use at Emmerich Park East
concerning the use of a P.A. System by the Bills Youth
Football Association.
Nate Magit, representing the Bills, briefly explained to the
Board the reasons that the Bills are requesting the P.A.
system.
Gary Gillmeister, 196 Raupp Boulevard, stated that he is
not opposed to having the P.A. system used for play-off
games, but he is against having it used for all home
games; it is a nuisance and he does not feel it is fair to
the nearby residents.
Mr. Magit stated that the proposal is for five home games
plus possibly play-off games during the fall; the hours
would be from 9:00 A.M.-5:00 P.M. on Saturday and 12:00
P.M.-4:30 P.M. on Sundays; they have restricted the use of
the system to just announcing the players.
Mr. Szymborski reviewed the contents and specifics of the
proposed ordinance.
Ed Domski, 39 Crestview Terrace, stated that there is
enough noise from the games without having the P.A.
system.
Bonnie Lenoble, 400 St. Mary's Parkway, commented that the
Bills are asking for approval after the system has been
installed; she stated that they must listen to the
announcing of baseball every evening and every week-end
all summer long, and now that would be extended all the
way through November; she would agree to the play-offs,
but is totally against the use of the P.A. system for
every home game.
Susan Neimeyer, 41 Crestview Terrace, stated that she
works nights and must sleep during the day, and she
believes the P.A. system is too noisy.
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10/19/92
M. Godlewski, 240 Raupp Boulevard, questioned Mr. Magit
with regard to the irrigation system; he questions the
placement of the gas pump right next to the utility pole;
he disagrees with the use of the system except for
play-off games; he believes the residents deserve peace
and quiet.
Larry Dorfman has been working with the Village and
monitoring the use of the system for the Village; his
report is filed with the Village, and he is convinced that
the Bills have done everything that the Village has
directed them to do.
John Teckorius, 199 Raupp Boulevard, stated that he is
opposed to the use of the system, and questioned the
decibel levels.
Mike Rylko, Director of the Park District, explained the
relationship between the Park District and the Bills and
BGRA.
Mr. Teckorius asked that the decision on the system be
delayed until someone can document the decibel levels.
Trustee Reid stated that the burden of enforcement falls
on the Village; he is not comfortable with the approach
being taken.
Trustee Braiman stated that he has spent time at Emmerich
Park and he does not believe that the noise is excessive;
perhaps a device could be put on the system which would
prohibit it from being moved over the half-way mark.
Trustee Hendricks stated that he has heard of many abuses
by both the BGRA and the Bills; the only way he would
consider this system would be if there were a limit to the
level of sound, and only for special events, not for all
games.
Trustee Marienthal stated that he also believes there
should be reimbursement for the cost of monitoring the
system; he would have to have clarification as to exactly
what will be announced before he could consider the system.
Moved by Braiman, seconded by Reid, to defer consideration
until tests can be conducted to determine if an acceptable
decibel level can be found. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
9110
10/19/92
Trustee Rubin stated that he would support having the
system locked at a level of "5" if that were acceptable to
residents and other Trustees.
Trustee Marienthal does not want the Village to pay for
the expertise used in conducting the tests.
There was discussion as to whether or not use would be
allowed this week-end in order to conduct the tests.
Mr. Magit stated that they system is completely turned off
when it is not in use.
Moved by Braiman, seconded by Rubin, to allow use of the
system this coming week-end. Upon roll call, Trustees
voted as follows:
AYES: 2 - Rubin, Braiman
NAYES: 3 - Marienthal, Reid, Hendricks
ABSENT: 1 - Kahn
Motion defeated.
Moved by Reid, seconded by Rubin, to allow testing of the
sound system at two games on Saturday or Sunday, and that
one test be conducted at sound level "5" and one test be
conducted at sound level "7". Upon roll call, Trustees
voted as follows:
AYES: 4 - Marienthal, Reid, Rubin, Braiman
NAYES: 1 - Hendricks
ABSENT: 1 - Kahn
Mr. Rylko stated that they will work with staff regarding
the testing personnel and the checkpoints.
It was requested that residents of St. Mary's Parkway from
Raupp Boulevard to Lincoln Terrace (on the park side) be
notified.
It was stated that, if residents wish to find out when the
tests will be conducted, they can call the Village
Manager's office on Friday.
Trustee Rubin stated that, since his law firm represents
subject association, he will not be participating in this
discussion.
Mr. Szymborski summarized the background on this topic, THE PLAZA/OAK CREEK
details of which are contained in his memo to Mr. Balling CONDOMINIUMS
of October 15, 1992.
Frank Schneider, Oak Creek II Condominium Board of
Directors, stated that they have not yet received a
proposal from Mr. Chody; they believe they are getting the
"run-around". Mr. Szymborski commented on staff's
involvement with Mr. Chody.
9111
10/19/92
Irwin Herzberg, 51 Old Oak Drive, stated that a
landscaping buffer was supposed to be installed, and all
that has been installed is a very low row of bushes.
Trustee Marienthal stated that ample time has been given
to resolve this situation, and if it is not resolved
within 60 days, the Letter of Credit should be called;
there should be no deliveries before 7:00 A.M. ; the Health
Officer should deal with the garbage situation.
Trustee Reid stated that, with regard to the landscaping,
the Letter of Credit should be called as soon as possible.
In answer to a question from Trustee Reid, Mr. Szymborski
explained the buffer situation.
Trustee Braiman stated that perhaps the Village should
examine how plans are reviewed, and perhaps there should
be more checks and balances.
Lance Chody reviewed the problem of the landscaping buffer
on the north side of The Plaza.
President Mathias stated that he would like to resolve
this by scheduling a meeting with the homeowner's
association and their representatives, and Mr. Chody, and
himself and Village staff.
Mr. Schneider stated that they were not prepared to
discuss the landscaping situation tonight.
Ed Schubert, Dairy Queen owner, explained his side of the
situation, he has asked delivery men to be as quiet as
possible; he does not have a problem with restricting
deliveries to after 7:00 A.M. ; in the summer, they have
two deliveries per week; the rest of the year there is
only one delivery per week; he stated that he cannot keep
his employees from going outside and taking a break.
Paul Walls, 51 Old Oak Drive, stated that he talked with
Mr. Schubert before calling the police; he stated that
deliveries occur sometimes between 4:00-5:00 A.M. ; he has
taken pictures of the garbage area; he commented on the
offensive odors coming from the food establishments in the
center; he commented on his letter to President Mathias of
August 21, 1992.
President Mathias again stated that a meeting between all
parties will be scheduled, after which a report will be
given to the residents and the Board.
Mr. Brimm presented the Final Report on Buffalo Grove Days BUFFALO GROVE DAYS
1992, details of which are contained in his memo to Mr.
Balling of October 8, 1992.
9112
10/19/92
Cheryl Winstead, co-chair of Buffalo Grove Days Committee,
briefly reviewed her report, and specifically thanked the
Police Department, Public Works Department, Park District,
St. Mary's Church, the business community, the Rotary
Club, Chamber of Commerce, Astro AMusements, and the
neighbors in the immediate area. Dave Rubinstein,
co-chair, echoed Mrs. Winstead's comments.
The Village Clerk commented on the practice of throwing
candy from vehicles during the parade, citing it as
dangerous to children running out to get the candy.
The Board complimented and thanked the Committee on the
success of the festival.
The Committee also stated that they would welcome
additional members.
Moved by Hendricks, seconded by Rubin, to refer Grove GROVE PARK
Park, Highway 22 and Buffalo Grove Road/Buffalo Grove Park
District to the Plan Commission for review.
Mike Rylko, Park District Director, made a presentation to
the Board, details of which are contained in Mr. Pfeil's
memo to Mr. Balling of October 15, 1992.
Bruce Kolman, representing surrounding residents, stated
that they are against the lights on the courts on the
property; he explained what has transpired between the
residents and the Park District regarding this property.
President Mathias and Mr. Raysa explained the sequence of
proceedings regarding this property.
Mr. Rylko summarized the planning used by the Park
District for this property.
Trustee Reid stated that the Park District has not
addressed the lighting situation at Emmerich Park West,
and he does not want residents of another neighborhood
bothered by intrusive lighting. Mr. Rylko responded that
there will not be lighting on baseball, soccer or softball
fields.
Trustee Rubin, does not want to see the project held up
because of lighting; he noticed that the lighting does not
border the surrounding homes.
Mr. Rylko stated that the Park District did receive a
grant for the development of this project.
Trustee Braiman asked if the Park District could move
sections around if the Plan Commission determined it to be
necessary; Mr. Rylko explained why the placement of
various sections was chosen.
9113
10/19/92
Park Commissioner Karen Larson explained the criteria for
receiving the grant. The Park District recognizes the
fact that there is a problem with the lighting at Emmerich
park West, and they will address that situation as soon as
possible.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
President Mathias asked any interested residents to leave
their names with the Village Planner to be notified of
meetings regarding this property.
Moved by Hendricks, seconded by Rubin, to refer Busch BUSCH GROVE PARK
Grove Park, Busch Road/Route 83 Annexation with R-3 Zoning
and Approval of a Special Use in an R-3 District to the
Plan Commission for review.
Mr. Rylko made a presentation to the Board, details of
which are contained in Mr. Pfeil's memo to Mr. Balling of
October 15, 1992.
Trustee Braiman expressed a concern over the proximity of
the child care center.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
Moved by Hendricks, seconded by Marienthal, to adjourn ADJOURNMENT
the meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 10: 18 P.M.
Janet . Sirabian, Village Clerk
APPROVED-B ME THIS DAY OF?1,ye/yyt/A- 1992.
as
Villag resi ent
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