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1991-11-04 - Village Board Regular Meeting - Minutes 8237 11/4/91 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, NOVEMBER 4, 1991 President Mathias called the meeting to order at 7:35 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 8:04 P.M. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Phil Versten, Administrative Assistant; Gregory Boysen, Director of Public Works; Raymond Rigsby, Superintendent of Public Works; Robert Pfeil, Village Planner; and Joseph Tenerelli, Village Treasurer. Moved by Reid, seconded by Kahn, to approve the minutes of APPROVAL OF MINUTES the October 21, 1991 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Tenerelli read Warrant #705. Moved by Reid, seconded WARRANT #705 by Braiman, to approve Warrant #705 in the amount of $906,161.17, 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. The Village Clerk explained Student Government Day, which STU DENT GOVERNMENT will take place November 11, 1991, and asked each of the DAY students in the audience involved in Student Government Day to introduce themselves. Trustee Rubin urged residents to vote in tomorrow's school ELECTIONS board elections. Moved by Braiman, seconded by Kahn, to pass Ordinance ORDINANCE #91-87 #91-87, amending Section 2.46.030 of the Municipal al Code (Plan Commission Chairman). Mr. Raysa read the proposed ordinance and explained the reason for same, and stated that this does not prohibit the Chairman from taking part in discussion. 8238 11/4/91 Trustee Reid stated that he supports the concept and will support the motion, but he does not believe that it is appropriate to introduce ordinance action during "Trustee Reports"; he believes it should be properly distributed to the other members of the Board for review before taking action. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Balling reviewed staff recommendation to change the YARDWASTE dates for yardwaste collection to 4/15-11/15, details of COLLECTION which are contained in Mr. Szymborski's memo to him of October 22, 1991. Trustee Reid stated that he likes the idea, but asked if there is an authority that sets the dates for the yardwaste collection. Mr. Balling stated that staff will investigate, and report back to the Board. Mr. Balling reported that Edward Schar has been appointed DEPUTY BUILDING Deputy Building Commissioner/Chief Inspector. COMMISSIONER Mr. Balling presented the Assignment Agreement, which is BG GOLF COURSE the debt instrument for the Buffalo Grove Golf Course, to President Mathias to cut up; the Golf Course was paid off today. President Mathias noted that this course was basically paid through revenue from the course, and not from taxes. PUBLIC HEARING - TRUTH IN TAXATION President Mathias opened the Public hearing at 7:53 P.M. , and then read the Notice of Public Hearing which was published in the Daily Herald on October 24, 1991. Mr. Balling explained this topic, details of which are contained in Mr. Brimm's memo to him of October 8, 1991. Jean Bastiani asked why the Board does not reduce the budget rather than raising taxes; President Mathias answered that the budget has not yet been presented, but staff has been directed to hold expenses down and incorporate only necessities into the budget. Trustee Rubin explained that the Finance Committee is just beginning to review the budget item by item. Jeff Zorman, asked how the Village will operate with the 5% tax cap since it is in two counties; President Mathias stated that Buffalo Grove is a Home Rule Community, which is currently tax exempt. If the legislature 8239 11/4/91 does not exempt home rule communities, then the Village will have to abide by the law. He stated that the Village has always tried to present a lean budget. Trustee Marienthal arrived at this time. President Mathias closed the Public Hearing at 8:06 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. H. be removed from the Consent Agenda. Moved by Braiman, seconded by Hendricks, to pass Ordinance ORDINANCE #91-88 #91-88, Granting a Variance to Section 17.32.020 of the (Zoning Variance) Buffalo Grove Zoning Ordinance for the purpose of constructing a screened porch at 1370 Mill Creek Drive in excess of the 20% rear yard requirement. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Braiman, seconded by Hendricks, to pass RESOLUTION #91-78 Resolution #91-78, Concerning the Draft STrategic Arterial Study for the Improvement of Milwaukee Avenue from Harlem Avenue to Belvidere Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Braiman, seconded by Hendricks, to approve RESOLUTION 391-79 Resolution #91-79, Concerning the Public Hearing Draft of (Lake Co. Watershed the Lake County Watershed Development Ordinance. Upon Development Ord.) roll call, Trustess voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman Hendricks Nayes: 0 - None �•/ Motion declared carried. Moved by Braiman, seconded by Hendricks, to pass RESOLUTION #91-80 Resolution #91-80, Approving the Opening of a Corporate (Corporate Savings Savings Account at the LaSalle Bank Northbrook-Buffalo Account) Grove Office. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. 8240 11/4/91 Moved by Braiman, seconded by Hendricks to Accept the Tax TIF ANNUAL REPORT Increment Financing Area Annual Report. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Braiman, seconded by Hendricks to accept the WEIDNER GROVE Appearance Commission Approval: Weidner Grove Apartments APARTMENTS - Entrance Sign at Stradford Circle and Weidner Road. (Aesthetics) Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Braiman, seconded by Hendricks, to accept the ADVANTEST AMERICA Appearance Commission Approval: Advantest America, Inc. - (Aesthetics) Revised Parking Lot with Lighting. 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 Reid, to pass Ordinance ORDINANCE #91-89 #91-89, for adding Chapter 3.32, Real Estate Transfer Tax, (Real Estate to Title 3, Revenue and Finance of the Municipal Code, Transfer Tax) with the amendment to Section 3.32.060, A. , 13 to state that the tax will be effective on recordings after March 1, 1992. Trustee Rubin reviewed the proposed ordinance, details of which are contained in Mr. Brimm's memo to Mr. Balling of October 29, 1991. Trustee Braiman asked some questions, which were answered by staff. President Mathias read a letter from Donna Thomas, President of the Northwest Suburban Association of realtors, opposing the proposed real estate transfer tax. v Trustee Rubin reiterated several points in favor of the tax; he stated that the tax on a $200,000 home would be $600. Jerry Espito, realtor, stated opposition to the real estate transfer tax, asking that the Board cut expenses instead, and urging the Board to oppose the tax. 8241 11/4/91 Jean Bastiani, realtor, asked if there were other taxes which the Board could levy instead; President Mathias explained why the Board believes this tax is best. Trustee Braiman also pointed out several reasons that he is in favor of this tax. Jean Bastiani stated that prospective buyers are very opposed to buying in any community that has a transfer tax. Trustee Braiman stated that, in his dealings in home closings, he has never had a client refuse to buy a home because of a transfer tax. 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 #91-90 #91-90, for the levy and collection of taxes for the (Tax Levy) Fiscal Year commencing May 1, 1991 , and ending April 30, 1992, details of which are contained in Mr. Brimm's memo to Mr. Balling of October 14, 1991. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman Hendricks NAYES: 0 - None Motion declared carried. Moved by Braiman, seconded by Kahn, to pass Ordinance ORDINANCE #91-91 #91-91, amending Section 14.40.070 of the Municipal Code (Sign Code amended) as it concerns signs on the right-of-way. Mr. Raysa reviewed the proposed ordinance, details of which are contained in his letter to Mr. Balling of October 22, 1991. Lengthy discussion took place with regard to the proposed ordinance, specifically whether or not the name, address and telephone number of the person responsible for the sign should be required on the sign. President Mathias polled the Board: "YES" indicates favor of retaining Section 14.40.070,B. , 5: "NO" indicates deleting same: YES: Rubin NO: Marienthal, Reid, Kahn, Braiman, Hendricks This item will be deleted from the proposed ordinance, and Item 6. will become Item 5. 8242 11/4/91 Upon roll call, Trustees voted s follows on the motion: AYES: 5 - Reid, Kahn, Rubin, Braiman, Heinrich NAYES: 1 - Marienthal Motion declared carried. Moved by Rubin, seconded by Reid, to pass Resolution RESOLUTION #91-81 #91-81, concerning the Busch Road/Busch Parkway/Deerfield (Busch Road, Pkwy Parkway (IL Route 83 to Milwaukee Avenue) street Deerfield Pkwy) improvement. Mr. Balling reviewed the proposed resolution, and answered questions from the Board on same. After discussion, the Board voted as follows on the motion: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman Hendricks NAYES: 0 - None Motion declared carried. Sharon Blaney of Basil & Associates reviewed the proposal WINDBROOKE for the Board, details of which are contained in Mr. APARTMENTS Pfeil's memo to Mr. Balling of October 31, 1991. Moved by Braiman, seconded by Rubin, to refer the Windbrooke Apartments Garage additions to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman Hendricks NAYES: 0 - None Motion declared carried. Larry Freedman, representing Edward Schwartz made a INDIAN CREEK presentation to the Board, details of which are contained (Schwartz) in Mr. Pfeil's memo to Mr. Balling of October 31, 1991. After discussion, Trustee Reid stated that, until the comments from the staff have been adequately addressed, he does not believe that this petition is in a condition to be recommended to the Plan Commission; the questions regarding right-of-way must be addressed. President Mathias polled the Board, asking them to state whether the right-of-way on Prairie Road should be handled by the Board tonight or by the Plan Commission. Trustee Marienthal - Plan Commission Trustee Reid - He is not prepared to handle it tonight, but he is not prepared to send it to the Plan Commission; the Board should be provided with information by staff to address whether or not it should be handled by the Plan Commission. 8243 11/4/91 Trustee Kahn - Same as Trustee Reid II Trustee Rubin - Plan Commission Trustee Braiman - Plan Commission Trustee Hendricks - Plan Commission Mr. Freedman stated that they would seek a referral as soon as they file the application. President Mathias polled the Board, asking them to state whether the next appearance before the Board should be pre-application or referral: Pre-application - Marienthal Referral - Reid, Kahn, Rubin, Braiman, Hendricks Mr. Rigsby highlighted the changes in the 1991-92 Snow & SNOW & ICE Ice Control Plan. CONTROL PLAN President Mathias thanked the staff for the excellent and thorough report. President Mathias polled the Board as to the wording they ELECTRONIC MESSAGE would like on the electronic message center refacing, i.e. CENTER Campus, Center, or Complex: Campus - Marienthal, Kahn, Rubin, Braiman Center - Reid Complex - Hendricks a Moved by Kahn, seconded by Marienthal, to approve the Appearance Commission recommendation regarding the Village of Buffalo Grove - Electronic Message Center Refacing, using the work "Campus". Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman Hendricks NAYES: 0 - None Motion declared carried. Moved by Reid, seconded by Kahn, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:35 P.M. V Jane Sirabian, Village Clerk AlAtsi APP VE�BY OF t*auvelle.4- , 1991. eVillage P ent