1993-05-17 - Village Board Regular Meeting - Minutes 9319
5/17/93
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN
CHIPPER'S RESTAURANT, 48 RAUPP BOULEVARD, MAY 17, 1993
CALL TO ORDER
President Mathias called the meeting to order at 7:44 P.M. Those present stood
and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Mathias, Trustees
Marienthal, Reid, Rubin, Braiman and Hendricks. Trustee Kahn arrived at
8:10 P.M.
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; and Joseph Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Hendricks, seconded by Rubin, to approve the minutes of the
April 19, 1993 Regular Meeting. Upon roll call, Trustees, voted as follows:
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: 0 - None ABSTAIN: 1 - Kahn
Moved by Marienthal, seconded by Reid, to approve the minutes of the May 3, 1993
Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
WARRANT #742
Mr. Tenerelli read Warrant #742. Moved by Hendricks, seconded by Reid, to
approve Warrant #742 in the amount of $2,073,207.09, authorizing payment of bills
listed. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSENT: 1 - Kahn
Motion declared carried.
VFW POST #7879
Art Johnson, Senior Vice Commander, and Roy Phiefer, Officer of the Day,
introduced themselves to the audience and the Board. Commander Johnson stated
that their purpose tonight is just to acquaint the residents, and specifically
veterans, with the new post, which is open to veterans who served in a designated
combat area. Meetings are held at 7:30 P.M. at Chipper's Restaurant on the
second Monday of each month.
President Mathias thanked them for their presentation, and welcomed the new post
to the Village of Buffalo Grove.
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"TOGETHER WE CAN"
Dan Schimmel, Buffalo Grove Park District made a brief presentation to acquaint
residents and the Board with the "Together We Can" program, which is a group
started by Stevenson High School to combat substance abuse. Mr. Schimmel
reviewed some of the current programs, and asked for input from the Board as to
future programs. It was requested that local businesses also be asked for their
input and opportunity for involvement.
�•/ CONTINENTAL CABLEVISION
Rhonda Christensen, General Manager of Continental Cablevision, presented the
Board with the NCTA Symbol of Excellence which has been awarded to Continental
Cablevision, and which is further explained in Rebecca Cianci's letter to Mr.
Szymborski of April 22, 1993.
Trustee Marienthal noted that it took him over two hours to get through to
Continental Cablevision on Saturday evening to report a problem, and he asked Ms.
Christensen to report on the reason for same.
Trustee Reid stated that this will be the time when the Village will be
discussing the franchise agreement, and service standards will be one of the
issues reviewed.
NWMC ANNUAL BANQUET
President Mathias reported on the Northwest Municipal Conference Banquet which
was held on May 7, 1993 in Evanston.
CHAMBER OF COMMERCE
Trustee Rubin noted that Wednesday, June 2, 1993, the Chamber is having a
Business Expo at the Schwaben Center.
PROPERTY TAX
Trustee Rubin pointed out that, in view of the fact that Lake County property tax
bills were just received, the Village's portion of the tax bill represents only
9% of the total tax bill, and although the bills were higher, the real dollars
for the Village actually decreased.
MANAGEMENT REPORT
Mr. Balling noted the submittal of the Management Report for April. Mr. Balling
brought the Board up to date on the maintenance at the Covington Office Center.
Trustee Reid questioned the disposition of Building & Zoning violations through
the courts. Mr. Balling responded, and Mr. Raysa also stated that he had talked
with a judge, and it was emphasized that this is a compliance court and not a
penalty court.
Trustee Reid suggested pursuing this through the Municipal Leagues so that
municipalities can recover costs incurred through multiple continuances.
HARBOR RIDGE/CLAREMONT CONVALESCENT HOME
Mr. Balling noted a 3,000 square foot increase in the plans which were submitted,
which represents mostly storage space located in the basement, and asked for
Board support for the modified plan.
Trustees determined that they wish to see a report on the old plan versus
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the modified plan; therefore, since there is not a meeting scheduled until
June 7, 1993, Mr. Balling will communicate in writing with the Board regarding
this change.
RESOLUTION #93-31, INTERGOVERNMENTAL AGREEMENT
Mr. Balling reviewed the talks with Wheeling on some border issues which have
brought some additional acreage into the Village of Buffalo Grove. An
intergovernmental planning and boundary agreement was presented for a small piece
of land on Buffalo Grove Road and Aptakisic where Buffalo Grove indicated a
desire for a land use approval for residential or office/research. Buffalo Grove
indicated that they would take no formal action on that voluntary petition filed
with them, recognizing that it had already been annexed into Wheeling. Wheeling
requested that the Village Board amend the language to formally reject the
petition from Ronald Herff as executor of the estate of Marie Raupp, to annex the
Herff property and shall take no action, direct or indirect, to contest the Herff
property annexation to Wheeling. This proposal is further detailed in Mr.
Balling's memo to the Board of May 17, 1993.
Moved by Kahn, seconded by Hendricks, to pass Resolution #93-31, A Revised Inter
governmental Agreement between the Village of Buffalo Grove and the Village of
Wheeling, subject to language added by the Village Attorney. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
Mr. Balling then reported that Mr. Malnati wishes to proceed as quickly as
possible with at least a temporary parking facility.
Trustee Rubin would like to see the Village Forester review this before trees are
removed.
Trustee Reid commented on the current parking situation, citing that it
dangerous, and he would like to see the matter expedited.
NWMC COMMITTEES
Mr. Balling noted that President Mathias will now chair the Northwest Municipal
Conference Council of Mayors, co-chair the Conference Transportation Unit, and
serve on the Executive Board.
"PEOPLE, PLACES & ISSUES"
Mr. Balling noted an issues program known as "People, Places & Issues" to be
aired on Channel 6 beginning June 1, 1993, which will be a monthly program.
ROTARY CLUB - BIKE PATHS
Mr. Balling introduced John Green and Dick McCarty of the Rotary Club.
Mr. Green made a presentation bringing the Board up to date on the status of the
Bike Path Project; he displayed "before and after" pictures showing the trees
which have been planted; he also displayed a chart showing the dollars which have
been spent, and a 5-year bike path enhancement project.
AGENDA CHANGE
President Mathias noted that Item IX. , A. on the agenda has been continued until
the next meeting.
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PUBLIC HEARING - SPEEDWAY GAS ANNEXATION AGREEMENT
President Mathias opened the Public Hearing at 8:30 P.M.
Mr. Balling stated that the petitioner has requested a postponement.
President Mathias asked if there were any comments from anyone; there were none.
At 8:31 P.M. , President Mathias continued the Public Hearing until the
June 7, 1993 Regular Meeting.
PUBLIC HEARING - INDIAN CREEK SUBDIVISION (Edward Schwartz & Company)
President Mathias re-opened the Public Hearing at 8:32 P.M. , which had been
continued from the May 3, 1993 meeting.
Mr. Freedman advised the Board that all open matters have been satisfactorily
worked out with staff.
Mr. Raysa stated that current draft before the Village Board tonight is pursuant
to Mr. Pfeil's memo Mr. BallingMay dated 14, 1993, to which is attached the
5/13/93 draft of the Indian Creek, Edward Schwartz & Company, Port Clinton
Road/Prairie Road Annexation. That draft has been updated by Mr. Pfeil pursuant
to his memo of May 17, 1993, to which is attached a new Page 5, with two
sentences being added to Paragraph 12 of that 5/13/93 draft.
Gerald Callahan, attorney representing Terry Frelk and her father of 23880
Prairie in Prairie View, addressed the Board in opposition to this development,
reminding them that the Plan Commission recommended denial of this development,
and asking that this development be denied.
President Mathias stated that the Board is not voting on the road tonight, but
is voting on the development; the developer has been asked not to build in the
right-of-way; the extension of the road is not being voted on tonight.
Mr. Callahan stated that he believes the road does enter into this vote; they are
asking that this be put on hold to wait to see what the County studies reveal.
Roy Schwartz, 2940 Roslyn Lane, urged the Board to allow proper planning for this
location.
Keith Hasley, Meadows, Prairie View, asked the Board to review the density and
where the road is going to end up.
Bruce Schroeder, Meadows, Prairie View, objected to the density of the plan.
A resident of the Meadows, stated that she does not want the highway in her
backyard.
The Public Hearing was continued at 8:53 P.M.
Dave Sherwood, 100 Woodstone, requested that the Village open Woodstone Drive
from Winchester Estates into the other development.
Mr. Balling reviewed the situation, and stated that, if a satisfactory answer is
not received from Woodstone, the Village might try to open the road on an
experimental basis, alert contractors not to use the road, and see if that is a
plausible solution. Mr. Balling will investigate and bring a recommendation to
the Board, and will also report to Mr. Sherwood.
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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.
It was requested that Items XI. , A. and B. be removed from the Consent Agenda.
RESOLUTION #93-32, (1994 VILLAGEWIDE STREET MAINTENANCE)
Moved by Braiman, seconded by Reid, to pass Resolution #93-32, Approving an
Agreement for Design Engineering Services for the 1994 Villagewide Contractual
Street Maintenance Project. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion Declared Carried.
RESOLUTION #93-33 (MFT)
Moved by Braiman, seconded by Reid, to pass Resolution #93-33, For Improvement
by Municipality Under the IL Highway Code for MFT funding of certain street
improvements. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion Declared Carried.
RESOLUTION #93-34 (Pavement Crack Sealing Contract)
Moved by Braiman, seconded by Reid, to pass Resolution #93-34, Awarding the 1993
Pavement Crack Sealing Contract, a joint contract with the Northwest Municipal
Conference. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion Declared Carried.
PROCLAMATION (Safety in the Workplace Week)
Moved by Braiman, seconded by Reid, to set aside the week of June 6-12, 1993 as
Safety in the Workplace 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.
CONDELL MEDICAL CENTER (Certificate of Acceptance & Approval)
Moved by Braiman, seconded by Reid, to Approve the Certificate of Initial
Acceptance and Approval - Condell Medical Center, Half Day Rd. 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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ROAD SALT BIDDING
Moved by Braiman, seconded by Reid, to Authorize to Participate in Joint Bidding
Program with the State of Illinois for 1993-94 Winter Season Road Salt. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion Declared Carried.
POLICE PENSION FUND ANNUAL REPORT
Moved by Braiman, seconded by Reid, to Accept the FY1992-93 Police Pension Fund
Annual Report. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion Declared Carried.
FIRE PENSION FUND ANNUAL REPORT
Moved by Braiman, seconded by Reid, to Accept the FY1992-93 Fire Pension Fund
Annual Report. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion Declared Carried.
APTAKISIC RD WATERMAIN CONTRACT
Moved by Braiman, seconded y Reid, to Authorize a Watermain Contract - Aptakisic
Road. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
Motion Declared Carried.
ORDINANCE #93-37 (Slate Street Billiards)
Trustee Rubin noted that he will abstain from voting or discussion on this item,
since his law firm represents the condominium association involved.
Judy Donash, President of Villa Verde Condominium Association, read a statement
urging the Board to deny permission for Slate Street Billiards to operate in
Plaza Verde; she also presented a petition signed by Villa Verde residents.
Their main concerns are:
1. Trash behind the building.
2. Increased traffic through their development.
3. Over-serving of liquor.
Jack Bergen, 1 Villa Verde Drive, reminded the Board that there already is a
billiard parlor within 1/4 mile of the proposed site, i.e. the bowling alley.
Jim Harp and Carl Hahn, proprietors of the proposed establishment, were present.
Mr. Harp stated that the billiards industry today is an upstanding industry that
currently represents the third largest participation sport in the country; he
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stated that they, as liquor license holders, have a commitment to see that the
liquor license is not abused, as well as having a large investment to protect.
Mr. Hahn stated that the other billiards establishment operating in the Village
has been open for over one year, and they have had no problems.
President Mathias confirmed that no one under the age of 21 will be allowed in
the facility with the exception of "family hours" when they are accompanied by
an over-21 adult.
Sara Krause, a resident of Villa Verde, stated that residents are very upset
because of the serving of liquor; they are concerned about fighting that could
occur in the parking lot; they do not object to the billiard parlor, but their
main concern is the liquor; she also stated that residents did not see anything
about this proposal in the Buffalo Grove papers, but only found out about it
through the Tribune.
In response to a question from Trustee Braiman, Mr. Harp again stated that they
will meet with the new principal of Buffalo Grove High School as soon as he
assumes his new responsibilities.
Moved by Kahn, seconded by Reid, to pass Ordinance #93-37, amending Chapter 5.20
Liquor Controls creating an F-2 Classification, Beer and Wine Only - Slate Street
Billiards, details of which are contained in Mr. Brimm's memo to Mr. Balling of
May 13, 1993. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Kahn, Hendricks
NAYS: 1 - Braiman
ABSTAIN: 1 - Rubin
Motion declared carried.
President Mathias assured the residents that anticipated problems will be
addressed.
Mr. Hahn and Mr. Harp stated that they will be happy to meet with the residents
of Villa Verde to address any concerns they might have.
ORDINANCE #93-38 (Indian Creek Development - Annexation Agreement)
Moved by Marienthal, seconded by Hendricks, to pass Ordinance #93-38, approving
an Annexation Agreement with Edward Schwartz & Co. , Thad and Marie Sislow -
Indian Creek Development, details of which are contained in Mr. Pfeil's memo to
Mr. Balling of May 14, 1993.
After discussion upon a request from Trustee Marienthal to consider R-3 versus
R-4 zoning, President Mathias polled the Board: "YES" indicates favor of the
developer considering a change from R-4 to R-3 zoning, with variations not to
exceed 15; "NO" indicates opposition:
YES: Marienthal
NO: Reid, Kahn, Rubin, Braiman, Hendricks
Trustee Reid stated that he does not believe it makes any difference whether this
property is zoned R-4 or R-3 with variations; he believes this is a poor plan for
that piece of property; he believes it is overdeveloped on that piece of
property; he believes there is a problem with the entrance/exit being on the
curve; he believes the developer did the best job that he could with the piece
of property, but he still does not believe that it is a good plan; he does not
think it should be adopted.
Trustee Rubin noted the Plan Commission is a 9-member panel, with 7 members
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present at the meeting where this plan was discussed; the vote was 4-3 opposing
the plan, with one of the members voting against stating his reason being that
he wanted "more affordable" housing, i.e. more lots on the plan.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5 - Kahn, Rubin, Braiman, Hendricks, President Mathias
NAYS: 2 - Marienthal, Reid
Motion declared carried
ORDINANCE #93-39 (Indian Creek Development - Annexation)
Moved by Marienthal, seconded by Rubin, to pass Ordinance #93-39, annexing the
Indian Creek Development Property to the Village of Buffalo Grove. Upon roll
call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 1 - Marienthal
Motion declared carried.
ORDINANCE #93-40 (Indian Creek Development - Comprehensive Zoning Ordinance)
Moved by Marienthal, seconded by Reid, to pass Ordinance #93-40, amending the
Comprehensive Zoning Ordinance of the Village as it concerns the Indian Creek
Development. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ESTABLISHMENT OF A LOCAL REVIEW BOARD - TOWN CENTER TIF DISTRICT
Mr. Balling explained the proposal to establish a Local Review Board regarding
the Town Center TIF District, details of which are contained in Mr. Brimm's memo
to him of May 13, 1993.
President Mathias polled the Board: "YES" indicates favor of a presentation by
the petitioner; "NO" indicates opposition:
YES: Reid, Rubin, Braiman, Hendricks
NO: Marienthal, Kahn
(The affirmative votes stated that they would want a very brief presentation) .
Greg Hummel of Simon Development made a brief presentation to the Board outlining
their request.
In answer to a question from Trustee Braiman, Mr. Hummel stated that they would
be willing to reimburse the Village for staff time spent on this project.
Trustee Reid stated that the two main points being emphasized are:
1. Failure of the State of Illinois to fulfill its responsibilities as defined
Melvin Simon.
2. The downturn in the economy.
Trustee Reid cannot, in good conscience, bail out a private business, who is
merely suffering the same difficulties that the school districts are, and make
the school districts suffer even more; he cannot consider that as an alternative.
Mr. Hummel stated that this was a mixed use project, where they had no control
over the residential development.
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Moved by Reid, seconded by Kahn, to pass Ordinance #93-41, establishing a Local
Review Board regarding the Town Center TIF District. Upon roll call, Trustees
voted as follows:
AYES: 0 - None
NAYS: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
Motion defeated.
ORDINANCE #93-41 (Carlyle Subdivision)
Moved by Marienthal, seconded by Reid, to pass Ordinance #93-41, recoupment of
advances for construction on Prairie Road and Brandywyn Lane adjacent to the
Carlyle Subdivision, details of which are contained in Mr. Kuenkler's memo to
Mr. Balling of May 13, 1993.
James Truesdell, Vice President of DeGrazia Company, stated that their company
owns the 14 acres directly to the south of the school site; he stated that their
property is not adjacent to Brandywyn Lane; they won't have any lots fronting on
Brandywyn Lane; they get little or no benefit from that road, but they will be
required to pay approximately $100,000 for that street; they derive no benefit
from it; they believe their property is being unfairly treated.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
FIRE DEPARTMENT ADMINISTRATIVE ADDITION FURNITURE
Mr. Balling reviewed this proposal, details of which are contained in Chief
Allenspach's memo to him of May 12, 1993.
Mr. Balling stated that, if the Board does consider this as a recommended
purchase, he would suggest that the following four conditions be attached to the
motion:
1. Tracks be custom cut for the wall furniture.
2. Work within an installations parameter of three working days, or not more
than nine days for a complete installation job.
3. That the Village be permitted to delay the order and protect this pricing
until the Village determines that it is 60 days prior to occupancy (to
protect from storage charges) .
4. BOS be personally responsible for warranty support throughout the warranty
life of the equipment.
Moved by Reid, seconded by Rubin, to award bid to Business Office Systems,
subject to the above four conditions as outlined by the Village Manager. Upon
roll call, Trustees voted as follows:
AYES: 6 -
�� NAYS: 0 - None
Motion declared carried.
SCHOOL DISTRICT 102 - (Plan Commission Referral)
Mr. Balling reviewed the request from School District 102.
Dr. Douglas Parks, made a presentation to the Board, details of which are
contained in Mr. Pfeil's memo to Mr. Balling of May 13, 1993.
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The attorney for the school district addressed the Board, stating that they wish
to annex into the Village of Buffalo Grove; the district wants input from the
Board and the community regarding this school site, and, therefore, they wish to
be referred to the Plan Commission.
Dr. Parks then passed out a site plan, floor plans, and elevations of the
proposed school building.
Moved by Marienthal, seconded by Kahn, to refer the School District 102 New
School Development Annexation to the Plan Commission for review. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Khan, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
COUNTRYSIDE FIRE PROTECTION DISTRICT CONTRACT
Moved by Reid, seconded by Kahn, to defer authorization for the execution of a
Service Contract between the Village of Buffalo Grove and the Countryside Fire
Protection District until staff has had an opportunity to acquire the figures
that are necessary and bring them back to the Board. 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 Braiman, 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 10:12 P.M.
The Board reconvened at 10:31 P.M.
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
10:32 P.M.
Janet �Sirabian, Village Clerk
A PROV I BY ME THIS DAY F-
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VILLAGE,:oT IDENT
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