1991-09-03 - Village Board Special Meeting - Minutes 8202
9/3/91
MINUTES OF THE SPECIAL MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, SEPTEMBER 3, 1991
President Mathias called the meeting to order at 7:42 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 Reid, Kahn, Rubin, Braiman, and
Hendricks. Trustee Marienthal arrived at 9:25 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; Robert Pfeil, Village
Planner; Brian Sheehan, Village Health Officer; Police
Chief McCann; and Joseph Tenerelli, Village Treasurer.
Moved by Kahn, seconded by Reid, to approve the minutes of APPROVAL OF MINUTES
the August 19, 1991 Regular Meeting. Upon roll call,
Trustees voted as follows:
AYES: 4 - Reid, Kahn, Rubin, Braiman
NAYES: 0 - None
ABSTAIN: 1 - Hendricks
ABSENT: 1 - Marienthal
Motion declared carried.
Mr. Tenerelli read Warrant #701. Moved by Reid, seconded WARRANT #701
by Kahn, to approve Warrant #701, in the amount of
$1,040,985.60, authorizing payment of bills listed. Upon
roll call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
President Mathias conveyed the thanks of the Board and BG DAYS
the Village to the Buffalo Grove Days Committee and all
of the organizations and workers for all of their hard
work in making this year's festival a tremendous success.
President Mathias appointed Donna Molloy to the Police POLICE PENSION
Pension Board. Moved by Rubin, seconded by Kahn, to BOARD
concur with President Mathias' appointment. Upon roll
call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
8203
9/3/91
President Mathias appointed Martin Silbernik as Chairman PLAN COMMISSION
of the Plan Commission, and re-appointed Stephen Goldspiel
as Vice Chairman. Moved by Braiman, seconded by Reid, to
concur with President Mathias' appointment. Upon roll
call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
In answer to a question from President Mathias, Mr. Raysa
stated that whether or not the Chairman of the Plan
Commission votes is done strictly by local ordinance;
Buffalo Grove is unique in that the Chairman currently
does not vote.
President Mathias congratulated Mr. Silbernik and Mr.
Goldspiel and thanked them for their willingness to serve
in these capacities.
Trustee Reid, liaison to the Buffalo Grove Days Committee, BG DAYS
conveyed the thanks of the committee to all of the staff
members, and all of the departments, as well as the Park
District, for all of their work and cooperation in making
this year's Buffalo Grove Days such a success.
Trustee Rubin questioned the grass cutting schedule for WESTCHESTER ESTATES
the Westchester Development
With regard to the Parkchester Development, Trustee Rubin PARKCHESTER ESTATES
stated that it was his understanding that the park was to
be developed in the early stages of development, and it
now appears that it is not planned until later stages of
development; he would like staff to investigate.
Mr. Balling reported on a plan to remove about 150' of PORT CLINTON RD
pavement on Port Clinton Road just west of Acacia in order
to eliminate a parking/nuisance factor; there were no
objections from the Board.
Mr. Balling reviewed a request from the Bills Youth BILLS' FOOTBALL
Football Association to install a public address system at (Emmerich East)
Emmerich East.
Don Boyer, President of the Bills, made a presentation to
the Board, details of which are contained in his letter to
Mr. Balling.
Trustee Reid stated that this was thoroughly discussed by
the Board; he has several concerns regarding this system;
and he believes that a public hearing is necessary before
a decision is made.
8204
9/3/91
Mr. Boyer responded regarding the type and direction of
the horns proposed.
Moved by Braiman, seconded by Reid, to refer this request
to the Plan Commission for Public Hearing. Upon roll
call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
President Mathias noted that residents leaving their
names, as well as residents within 250' of the property,
will be notified of future meetings, and there will be a
sign posted on the property.
Trustee Kahn stated that this hearing should be held as
soon as possible, since the Bills' season is beginning.
Trustee Rubin excused himself from the following WOODSTONE
discussion, since he is a partner in the law firm with Mr.
Shifrin.
Jordan Shifrin, representing Woodstone Homeowners
Association, made a presentation to the Board regarding
the problems they are having with the developer; he
distributed a chronology of discussions between the
Woodstone Homeowners Association and the Perlman Group.
Mr. Shifrin stated that perhaps the Village should check
to see if work is done right, in addition to checking for
proper materials.
In response to a question from Trustee Reid, Mr. Balling
stated that he would have to investigate whether or not
there are still development funds being held by the
Village. They are asking for the help of the Village in
getting their problems resolved.
Don Torres, President of the Homeowners Association,
stated that the code violations should not have occurred;
they should have been caught by the Village inspectors.
Mr. Balling stated that staff will investigate and report
back to the Board on September 16, 1991.
Sarae Nagel presented a petition to the Board from WISCONSIN CENTRAL
residents along the Wisconsin Central Railroad which read RAILROAD
as follows: "We the undersigned are petitioning the
Village of Buffalo Grove Board to pass an ordinance
disallowing any audible train warning signals between the
hours of 11:00 P.M. and 6:00 A.M. every day of the week."
8205
9 3 91
Ms. Nagel stated that there is no reason for the warning
signals and they are awakened throughout the night
because of the train whistles; she has spoken with a
representative from the Wisconsin Central, who stated that
the use of the audible signals is optional, not
mandatory; there are gates and signals at the crossings;
Vernon Hills has passed an ordinance similar to what these
residents are requesting.
Trustee Kahn questioned whether the traain signals are
coordinated with the traffic signals; Mr. Balling will
investigate.
Trustee Rubin suggested that staff look at the Vernon
Hills ordinance and come back to the Board with a
recommendation.
Trustee Reid stated that he wants to see the
recommendation/information from the Wisconsin Central and
the ICC in writing.
Yechiel Berkowicz, a resident of the Doubletree DOUBLETREE
subdivision, reported to the Board that Zale is not (Zale)
responding to the concerns/complaints of the residents.
President Mathias asked Mr. Balling to request Mr. Zale to
be present at the October 7, 1991 Board meeting to discuss
these issues.
PUBLIC HEARING - STONE CREEK
President Mathias re-opened the Public Hearing at 8:37 P.M. , continued
from the August 19, 1991, at which time the Notice of Public Hearing
published in the Daily Herald on August 3, 1991 was read for the record.
Jerry DeGrazia brought the Board up to date on the negotiations with
the Park District and the School District. Mr. DeGrazia stated that
several changes have been made in the Annexation Agreement to satisfy
both parties, details of which are contained in Mr. Pfeil's memo to Mr.
Balling of August 29, 1991.
Mr. DeGrazia stated that they are seeking relief from some costs. There
is additional potential for up to $50,000 in additional grading for the
property north of the four acres they are looking to develop; this
figure would put them over the edge. Mr. DeGrazia has suggested two
alternatives, one of which being that the Village consider waiving the
water recapture fee of $42,000, and then they would go ahead and agree
to a cap of $50,000 to take care of the grading and some of the additional
improvements beyond their property line for Buffalo Grove Road; he then
explained his reasoning behind this suggestion. The second alternative
would be that they would add to the dollars that they have anticipated
to an upset figure towards the grading of $18,000; he then explained the
r
820f6
9/3/91
reasoning for the $18,000 figure.
Mr. Balling commented on Mr. DeGrazia's requests, details of which are
contained in his memo to the Board of August 30, 1991.
Mr. Balling recommended to the Village Board that if it is interested
in cost sharing the offsite grading with the developer, it should do so
on a 50-50 basis, as the costs for that work could exceed the $50,000
estimate provided by DeGrazia. Mr. Balling also recommended no reduction
in the $42,000 water recapture fee as that money is due the waterfund.
Lengthy discussion took place regarding Mr. DeGrazia's request and the
dollars involved. Comments from the Board indicated that this discussion
should not be taking place at this forum. It was determined that these
issues will be considered when the ordinances are considered.
President Mathias asked if there were any other persons or agencies
wishing to comment; there were none.
President Mathias closed the Public Hearing at 9: 12 P.M.
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. D. be removed from the Consent
Agenda.
Moved by Rubin, seconded by Kahn, to pass Resolution RESOLUTION #91-70
#91-70, Authorizing the Execution of the Major Crimes Task (Major Crimes Task
Force Lake County Intergovernmental Agreement. Upon roll Force)
call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Moved by Rubin, seconded by Kahn, to accept the NU DELUXE, INC.
Appearance Commission Approval: Nu-Deluxe, Inc. , 111 (Aesthetics)
Lexington Drive - Wall Sign. Upon roll call, Trustees
voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Moved by Rubin, seconded by Kahn, to accept the Appearance WOODLAND COMMONS
Commission Approval: Woodland Commons - Temporary (Aesthetics)
Construction Sign Face Change. Upon roll call, Trustees
voted as follows:
8207
9/3/91
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Moved by Rubin, seconded by Kahn, to accept the Appearance BUFFALO RIDGE CONDOS
Commission Approval: Buffalo Ridge Condominiums (formerly (Aesthetics)
Sandpiper Condominiums) - Ground Sign. Upon roll call,
Trustees voted as follows:
AYES: 4 - Reid, Kahn, Braiman, Hendricks
NAYES: 0 - None
ABSTAIN: 1 - Rubin
ABSENT: 1 - Marienthal
Motion declared carried.
Moved by Rubin, seconded by Kahn, to accept the Appearance C.B. COMMERCIAL
Commission Approval: C.B. Commercial Real Estate - REAL ESTATE
Temporary Signs on Half Day Road. Upon roll call, (Signs)
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 Approve the Final WESTCHESTER ESTATES
Plat of Subdivision and Development Improvement Agreement (Final Plat & DIA)
- Westchester Estates Unit #2. Upon roll call, Trustees
voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Moved by Rubin, seconded by Kahn, to approve an Agreement BG FIRE DEPT.
to Utilize Structure - Use of Riverwalk for Buffalo Grove (Riverwalk
Fire Department training. Upon roll call, Trustees voted Agreement)
as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
Moved by Kahn, seconded by Braiman, to pass Ordinance ORDINANCE #91-75
#91-75, approving an Annexation Agreement - Stone Creek (Stone Creek)
Development.
Mr. Raysa clarified that Ordinance #91-75 is that certain
ordinance approving an Annexation Agreement dated 8/29/91.
8208
9/3/91
Trustee Reid stated that he believes Paragraph C. on page
15 is poorly constructed, and that the third sentence
should include a dollar amount, his suggestion being
$34,000.
President Mathias polled the Board: "YES" indicates favor
of accepting the $34,000 figure; "NO" indicates
opposition:
YES: Reid, Kahn, Hendricks
NO: Rubin, Braiman
ABSENT: Marienthal
Mr. DeGrazia stated that he will agree to the $34,000
figure.
Trustee Marienthal arrived at this time.
Further discussion ensued regarding an agreeable figure.
Moved by Reid, seconded by Kahn, to amend Ordinance #91-75
on page 15 in Paragraph C at the end of the third sentence
to include the following wording: "to an amount not to
exceed $34,000". Upon roll call, Trustees voted as
follows:
AYES: 4 - Marienthal, Reid, Kahn, Hendricks
NAYES: 2 - Rubin, Braiman
Motion declared carried.
Upon roll call, Trustees voted as follows on the amended
motion:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman,
Hendricks
NAYES: 0 - None
Motion declared carried.
Moved by Kahn, seconded by Rubin, to pass Ordinance ORDINANCE #91-76
#91-76, annexing the Stone Creek property to the Village (Stone Creek)
of Buffalo Grove. 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 Ordinance ORDINANCE #91-77
#91-77, amending the Comprehensive Zoning ordinance of the (Stone Creek)
Village as it concerns the Stone Creek Development
property. Upon roll call, Trustees voted as follows:
8209
9/3/91
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman
Hendricks
NAYES: 0 - None
Motion declared carried.
Mr. Balling explained the rationale behind the proposed SIGN ORDINANCE
ordinance, details of which are contained in his memo to
the Board of August 29, 1991.
Discussion ensued as to whether or not reducing the fines
would solve the problem. Mr. Raysa discussed the
constitutionality of allowing all signs versus certain
signs, i.e. discrimination; he will research the subject
further. It was determined that no action would be taken
tonight, and that a meeting would be held with the
realtors to determine how to best handle this situation.
Mr. Balling reviewed this situation, details of which are RESOLUTION #91-71
contained in Mr. Pfeil's memo to him of August 29, 1991 (National School
Bus)
Moved by Braiman, seconded by Rubin, to pass Resolution
#91-71, in opposition to a variation of the Lake County
Landscape Buffer Yard Regulations as it concerns the
National School Bus proposal. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman
Hendricks
NAYES: 0 - None
Motion declared carried.
A representative from Red Seal Development Corporation RED SEAL/PERILLO
made a presentation to the Board, details of which are
contained in Mr. Pfeil's memo to Mr. Balling of August 29,
1991.
Moved by Rubin, seconded by Kahn, to refer the Red Seal
Development/Perillo Property to the Plan Commission.
Trustee Reid stated that he is glad to see that many of
the Board's comments were incorporated into the plan; he
is still concerned about the size of the back yards; he is
concerned about the nature of the driveways that are in
there; he is concerned about the wet detention area and
who will ultimately be responsible for it.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman
Hendricks
NAYES: 0 - None
Motion declared carried.
8210
9/3/91
Mr. Balling reviewed this proposal, details of which are FIRE STATION #25
contained in Mr. Weyrauch's memo to him of August 28,
1991, he stated that the bid will be with an alternative.
Moved by Rubin, seconded by Kahn, to authorize bid for
Fire Station #25 Refoofing and HVAC Equipment Replacement.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman
Hendricks
NAYES: 0 - None
Motion declared carried.
Rhonda Christensen, Continental Cablevision General CONTINENTAL
Manager, made a presentation to the Board regarding fiber CABLEVISION
optics, details of which are contained in Mr. Szymborski's
memo to Mr. Balling of August 30, 1991.
Trustee Reid stated that he is disappointed to see them
bringing this to separate Villages rather than to the
cable consortium. He stated that he can appreciate
Continental's interest in getting a longer term on the
franchise agreement in order to recoup their costs,
however, he believes that, if this is the coming
technology, it is the type of thing that they should
approach the regional group with, and propose it as a
long-term benefit to all concerned; he does not see any
reason for Buffalo Grove to consider it and break up that
group.
After discussion regarding the pros and cons of
Continental's proposal, President Mathias polled the
Board: "YES" indicates favor of a five-year increase in
Continental's contract in return for the installation of
fiber optics; "NO" indicates opposition".
YES: None
NO: Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
Mr. Balling reviewed the staff recommendation, details of POLICE FLEET
which are contained in his memo to the Board of August 29, (Bid Waiver)
1991.
Moved by Rubin, seconded by Kahn, to authorize bid waiver
and allow purchase for Police Department Fleet purchases.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman
Hendricks
NAYES: 0 - None
Motion declared carried.
8211
9/3/91
Trustee Braiman stated that the reason he requested having POST OFFICE SIGN
this item removed from the Consent Agenda was because he
believes that the zip code should be on the sign. Mr.
Balling replied that he had discussions with the Post
Office, and they would be willing to put the zip code on
the sign at the expense of the Village. The reason for
not putting the zip code on the sign is because Buffalo
Grove will most likely be a multiple-zip code community
in the future. The cost to the Village would be
approximately $800.00.
Moved by Reid, seconded by Marienthal, to accept the
Appearance Commission recommendation for the Buffalo Grove
Post Office - Wall Sign, with the addition of the
Village's zip code on the sign at a cost of $800.00 to be
absorbed by the Village. 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 Reid, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned at 10:48 P.M.
�1
Janet M. .Sirabian
APPROVED BY ME THIS
DAY OF , 1991.
Vil e r dent
Li