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1992-04-06 - Village Board Regular Meeting - Minutes 9013 4/6/92 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, APRIL 6, 1992 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 Marienthal, Reid, Rubin, Braiman and Hendricks. Trustee Kahn was absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Ronald Sandler, Village Prosecutor; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Phil Versten, Administrative Assistant; Gregory Boysen, Director of Public Works; Raymond Rigsby, Superintendent of Public Works; Robert Pfeil, Village Planner; Frank Hruby, Director of Building & Zoning; Richard Kuenkler, Village Engineer; Brian Sheehan, Village Health Officer; Fire Chief Allenspach; Deputy Fire Chief Wieser; and Joseph Tenerelli, Village Treasurer. Moved by Reid, seconded by Braiman, to approve the minutes APPROVAL OF MINUTES of the March 9, 1992 Committee of the Whole 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 Reid, seconded by Braiman, to approve the minutes of the March 16, 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. Mr. Tenerelli read Warrant #715. Moved by Marienthal, WARRANT #715 seconded by Reid, to approve Warrant #715 in the amount of $1 ,118,651.72, 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. President Mathias welcomed those in the audience as well CABLECAST as those who will be watching on Channel 6 when the meeting is broadcast; he welcomed comments from the 9014 4/6/92 residents during this three-month trial period of televising Village Board meetings. President Mathias noted a Certificate of Appreciation for PLAN COMMISSION Ray Charlette for his years of service on the Plan Commission. Residents interested in filling this position should fill out a Talent Bank application. Ray Rigsby presented a Tree City USA plaque and flag to TREE CITY USA President Mathias. President Mathias thanked Mr. Rigsby and his staff for their efforts in getting this award for the Village. Mr. Balling explained the Arbor Day activities in the Village, details of which are contained in Mr. Rigsby's memo to him of March 24, 1992. President Mathias read the proposed resolution, honoring RESOLUTION #92-17 Adlai E. Stevenson High School for their Excellence in (Stevenson H.S.) Education award. Moved by Rubin, seconded by Reid, to pass Resolution #92-17. Upon voice vote, the motion was unanimously declared carried. President Mathias reviewed the meeting which took place on WISCONSIN CENTRAL March 20, 1992 with Mayors along the proposed Wisconsin Central commuter line. President Mathias reviewed the history of the Blue Ribbon RESIDENTS WITH Committee for Residents with Disabilities; he thanked each DISABILITIES of the members who served on this Committee and presented COMMITTEE each member with a Certificate of Appreciation. President Mathias stated that a nine-member Commission will be formed, and asked the Committee members as well as any other residents to submit Talent Bank applications if they wish to serve on the Commission. Mr. Balling reviewed the findings of staff with regard to FLU SHOT PROGRAM the Flu Vaccine Program, details of which are contained in Mr. Sheehan's memo to him of March 12, 1992. Trustee Reid stated that he believes this is a good concept and he would like to see the Village proceed with the program, but he would like to defer action until staff receives a recommendation from IRMA. Trustee Marienthal agrees with Trustee Reid, but he would like to have comments from the Village Attorney. Mr. Raysa reviewed the history of the setting up of the HOUSING COURT Housing Court; he commented on the re-inspection fee. 9015 4/6/92 Trustee Reid stated that he believes there should be a fee when a property has to be inspected more than once. Mr. Raysa stated that he would like some time to investigate and draft an ordinance unique to Buffalo Grove regarding re-inspections. There was discussion regarding putting cases through the Lake County Court System; Mr. Sandler and Mr. Raysa discussed. Mr. Raysa commented on the Personal Compliance Violation (PCV) memo from Mr. Hruby to Mr. Balling dated March 31, 1992. Trustee Reid questioned Mr. Sandler with regard to the Strathmore Shopping Center case; Mr. Sandler responded to Trustee Reid. Trustee Reid stated that he is disappointed that the Board has to continue to deal with this shopping center and he hopes that the issue can be resolved so that the Board may move on to more important things. President Mathias thanked Mr. Sandler for appearing before the Board and speaking to both specific and general issues of concern to the Board. Mr. Sandler stated that he is available to serve the Village in any way that he can. Mr. Balling referred to Rhonda Christenson's letter to the CONTINENTAL Board of April 2, 1992. Mr. Versten commented on this CABLEVISION letter also. Trustee Reid noted page four of the letter which refers to the fact that Continental would be willing to submit to an audit, and stated that he believes this letter should be copied and sent to the other members of the cable consortium. Mr. Versten stated that a recommendation with regard to an audit will be available for the Board at the next meeting. Richard Kloepfer, representing the Active Agers, read a ACTIVE AGERS statement chastising the Village Board for passing Resolution #92-6, endorsing the Village Park District Referendum in the March 17, 1992 election. President Mathias asked if there were any other comments QUESTIONS FROM THE from 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; there were no such requests. It was requested that the proposed 9016 4/6/92 Resolution regarding the Wisconsin Central Railroad be read for the audience; President Mathias read same. Moved by Hendricks, seconded by Reid, to pass Ordinance ORDINANCE #92-31 #92-31, Authorizing the Disposal of Surplus Village (Surplus Property) Personal Property. 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 Hendricks, seconded by Reid, to pass Ordinance ORDINANCE #92-32 #92-32, Authorizing the Disposal of Surplus Village (Surplus Property) Personal Property. Upon roll call, Trustees voted as follows: j AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to pass Resolution RESOLUTION #92-18 #92-18, Supporting the Proposed "Fair Share Road (Fair Share Road Improvement Impact Fee Ordinance" Proposed by Lake Improvement) County, IL. 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 Hendricks, seconded by Reid, to pass Resolution RESOLUTION #92-19 #92-19, Supporting the Installation of Automatic Warning (Wisconsin Central Gates at the Busch Parkway Crossing of the Wisconsin Tracks) Central Railroad Tracks. 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 Hendricks, seconded by Reid, to pass Resolution RESOLUTION #92-20 #92-20, Authorizing the Execution of the Revised Service (Wheeling Fire Contract between the Village of Buffalo Grove and the Protection District) Wheeling Township Rural Fire Protection District. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. 9017 4/6/92 Moved by Hendricks, seconded by Reid, to pass Resolution RESOLUTION #92-21 #92-21, Providing for the Retirement of Certain Municipal (MFT) Indebtedness by the Use of MFT Funds. 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 Hendricks, seconded by Reid, to pass Resolution RESOLUTION #92-22 #92-22, Regarding Disclosure Guidelines for Municipal (Municipal Securities. Upon roll call, Trustees voted as follows: Securities) AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to pass Resolution RESOLUTION #92-23 #92-23, Approving an Engineering Agreement to Provide (Pavement Evaluation Pavement Evaluation Services. Upon roll call, Trustees Services) voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to pass Resolution RESOLUTION #92-24 #92-24, For Improvement by Municipality Under the Illinois (1992 Pavement Highway Code utilizing MFT funds for the 1992 Pavement Evaluation Program) Evaluation Program. 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 Hendricks, seconded by Reid, to approve the Proclamation declaring the week of April 12-18, 1992 as PROCLAMATION Building Safety Week in the Village of Buffalo Grove. (Building Safety Upon roll call, Trustees voted as follows: Week) AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to approve the PROCLAMATION Proclamation declaring April 29, 1992 as "A Generation (School Dist. 214) That Share Day" in recognition of the Fourth Annual Senior Citizen Celebration Day sponsored by School District 214. Upon roll call, Trustees voted as follows: 9018 4/6/92 AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to approve the PROCLAMATION Proclamation setting aside the month of April, 1992 as (April/Cancer Month) Cancer Control Month in the Village of Buffalo Grove. 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 Hendricks, seconded by Reid, to approve the SUBORDINATION OF Subordination of Easement Rights - Lake Zurich Wastewater EASEMENT RIGHTS - Transfer Facilities. Upon roll call, Trustees voted as LAKE ZURICH follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to Authorize to Bid 1992 SIDEWALK - 1992 Sidewalk Removal and Replacement Program. Upon PROGRAM roll call, Trustees voted as follows: (Authorize to Bid) AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to Approve the Plat COVINGTON CORPORATE of Vacation and Grant of Reservation - Covington Corporate CENTER Center Utility Easement Adjustment. Upon roll call, (Plat/Vacation & Trustees voted as follows: Grant of Reservation) AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid to accept the BG PARK DISTRICT Appearance Commission Approval: Buffalo Grove Park (Aesthetics) District - Alcott Center Parking Lot and Site Lighting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. 9019 4/6/92 Moved by Hendricks, seconded by Reid, to accept the LASALLE TALMAN BANK Appearance Commission Approval: LaSalle Talman Bank (Aesthetics) (Formerly Talman Home) , 1355 W. Dundee Road - Sign Face Changes. 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 Hendricks, seconded by Reid, to accept the DAZZLES SALON Appearance Commission Approval: Dazzles Salon, 301 W. (Aesthetics) Dundee Road - Ground Sign Face Change. 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 Hendricks, seconded by Reid, to accept the DEERFIELD BAKERY Appearance Commission Approval: Deerfield Bakery, 201 N. (Aesthetics) Buffalo Grove Road: 1. Temporary & Permanent Signs; 2. 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 Hendricks, seconded by Reid, to accept the DEERFIELD BAKERY Appearance Commission recommendation: 1. Elevation/Colors (Aesthetics) 2. Lights/Landscaping 3. Fencing 4. Lighting 5. Trailer 6. Signs. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to accept the TRUE VALUE HARDWARE Appearance Commission recommendation: True Value (Aesthetics) Hardware, 745 S. Buffalo Grove Road - Sign Face Change. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to accept the IL FOOTWEAR Appearance Commission recommendation: Illinois Footwear, (Aesthetics) 1003 Commerce Court - Canopy and Wall Paks. Upon roll call, Trustees voted as follows: 9020 4/6/92 AYES: 5 - Marienthal, Reid, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to accept the BG COMMERCE CENTER Appearance Commission recommendation: Buffalo Grove PINES RESUBDIVISION Commerce Center, Lot 2 Pines Resubdivision: (Aesthetics) Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to accept the WHITE HEN PANTRY Appearance Commission recommendation: White Hen Pantry, (Aesthetics) 1153 N. Arlington Heights Road - Illuminated Signs. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Hendricks, seconded by Reid, to accept the MIDWEST AUTOMATION Appearance Commission recommendation: Midwest Automation, (Aesthetics) 1400 Busch Parkway - Parking Lot Addition.Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Trustee Rubin reviewed the proposed Resolution, details of RESOLUTION #92-25 which are contained in Mr. Brimm's memo to Mr. Balling of (1992-93 Budget) March 17, 1992. 1 Moved by Rubin, seconded by Reid, to pass Resolution #92-25, adopting the Fiscal year 1992-93 Program Budget for the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: 1 AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Moved by Rubin, seconded by Reid, to pass Ordinance ORDINANCE #92-33 #92-33, amending Sections 13.04 and 13.04.290 of Title 13 (Water Rate) of the Municipal Code, lowering the Water and Sewer Consumption Flat Fee Rate. 9021 4/6/92 Mr. Balling reviewed the proposed Ordinance, details of which are contained in Mr. Brimm's memo to Mr. Balling of April 1, 1992. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Trustee Rubin introduced the proposed ordinance, and ORDINANCE #92-34 thanked Lee Szymborski and all of the members of the (Commission for commission for all of their hard work. Residents with Disabilities) Charles Linster of the Blue Ribbon Committee for Residents with Disabilities, read the report of the Committee, which is attached to Mr. Szymborski's memo to Mr. Balling of April 1, 1992. Moved by Rubin, seconded by Braiman, to pass Ordinance #92-34, adding Chapter 2.58, Commission for Residents with Disabilities, to the Buffalo Grove Municipal Code. 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 stated that anyone interested in serving on this Commission should submit an application to the Talent Bank. Mr. Balling reviewed the request of the petitioner, ORDINANCE #92-35 details of which are contained in Mr. Pfeil's memo to him (Seigle's) of April 1, 1992. Plan Commissioner Goldspiel reviewed what had transpired at the Plan Commission meeting. Mr. Seigle, President of Seigle's Home & Building Centers, explained their request and the reason for same. Discussion ensued regarding outside storage, traffic patterns, and the overhangs. Moved by Braiman, seconded by Reid, to pass Ordinance #92-35, amending the Seigle's Home and Building Center Planned Unit Development Ordinance. Trustee Reid stated that he believes this is standard practice and a prudent business practice to be used by any retailer. 9022 4/6/92 Trustee Braiman stated that he believes the project came out very well. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Reid, Rubin, Braiman, President Mathias NAYES: 2 - Marienthal, Hendricks ABSENT: 1 - Kahn yJ Motion declared carried. Moved by Marienthal, seconded by Reid, to uphold the SEIGLE'S Appearance Commission recommendation for Seigle's Home and Building Center - Drive Through Island and Signs. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Mr. Balling reviewed the situation with regard to the DUNDEE ROAD Dundee Road Sidewalk proposal, details of which are SIDEWALK contained in Mr. Kuenkler's memo to Mr. Balling of March 30, 1992, and also Mr. Balling's letter to Mr. Halpern of March 10, 1992. Jackie Rubin, a resident on Greenridge, stated that the residents do not wish to remove or cut the shrubs back. Conrad Komblowski, 903 Greenridge, stated that his wife called the Village last year to get the bushes trimmed, and she was told that those bushes were necessary as a buffer. After further discussion, it was determined that more information was needed, including a diagram of the alternatives. Moved by Marienthal, seconded by Braiman, to table this item until the next 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. Mr. Balling reviewed the negative recommendation of the ZBA DECISION Appearance Commission, details of which are contained in (Somlo) Mr. Hruby's memo to him of March 26, 1992. Marvin and Lisa Somlo explained the reason for their request. 9023 4/6/92 Moved by Rubin, seconded by Braiman, to approve the appeal of the Somlo's to build a fence according to the line-of-sight conditions as suggested by the Village Engineer, i.e. approximate 10' setback and 5' fence. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Mr. Balling introduced this subject. ROGERS CENTRE FOR COMMERCE Jeannie Rogers, President of Authur J. Rogers and Company, made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of April 2, 1992. Bill Schmidt reviewed the site plan. Moved by Rubin, seconded by Braiman, to refer the Rogers Centre for Commerce - East Arbor Creek Business Centre to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal Reid, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Kahn Motion declared carried. Mr. Balling introduced the Buffalo Grove Road/Prairie Road BUFFALO GROVE/ Realignment Feasibility Study and explained the proposal. PRAIRIE ROADS Joseph Chiczewski, Midwest Consulting Engineers, describing the two alternatives, details of which are contained in Mr. Boysen's memo to Mr. Balling of April 1, 1992. Mr. Balling stated that the purpose of bringing this before the Board this evening is for the Board to give direction before the Plan Commission gets into site planning. Also, Mr. Schwartz has raised some reservations as to whether or not he has the capacity to proceed depending on which alignment is selected. Trustee Marienthal would like to know if less property would be required if the road were shifted to the east. Trustee Reid stated that he has some real problems with the money involved in this project. Trustee Braiman stated that he agrees with Trustee Reid, and he believes that before this is given to the Plan Commission, there should be some cost estimates presented. Mr. Balling stated that there is some preliminary information available. 9024 4/6/92 President Mathias clarified that with the curved alternative, it is possible that the entire project would be paid for through FAU funds and the county, whereas, with the "T" intersection, the majority of the cost would have to be funded by the Village. Mr. Balling stated that FAU funds would still be pursued with the "T" intersection, but would be much more difficult to obtain, since the alternative would probably not have county endorsement; that size improvement would be beyond municipal resources; there would also be some potential developer contribution. Lawrence Freedman, attorney for Edward Schwartz, contract purchaser of the property on the northwest corner, stated that, if alternative two is pursued, Mr. Schwartz would not be able to develop the property; he also commented on the land costs for the project. David Miller, traffic expert retained by the developer, commented on the two alternatives. Trustee Reid asked if it would be possible to get some information on the alternative with the continuous right turn. Mr. Schwartz stated that he would like an answer as soon as possible so as not to lose a building season. Mr. Boysen stated that a commitment on funding will take quite a while. Mr. Balling stated that the Village could lay out some parameters on numbers and funding to be available at the next meeting. Trustee Reid stated that he does not believe it is appropriate to send this to the Plan Commission at this time. Plan Commissioner Genell suggested having a representative from Lake County available at the next meeting. Moved by Rubin, seconded by Reid, to approve the Buffalo ZONING MAP UPDATE Grove Official Zoning Map Update. 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 Reid, seconded by Rubin, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:10 P.M. 9025 4/6/92 Janet Sirabian, Village Clerk APPROVED B ME THIS DAY OF (4L-J2= , 1992. illage P ent II 1