2002-09-23 - Village Board Special Meeting - Minutes II
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9/23/2002
MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,
BUFFALO GROVE,ILLINOIS ON MONDAY,SEPTEMBER 23,2002
CALL TO ORDER
President Hartstein called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Johnson,Kahn
and Trilling.
Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant
Village Manager/Finance Director;Ghida Neukirch,Assistant Village Manager;Scott Anderson,Assistant Finance
Director;Art Malinowski,Human Resources Director;Gregory Boysen,Director of Public Works;Ray Rigsby,
Superintendent of Public Works;Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;and
Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Berman,to approve the minutes of the September 9,2002 Special Meeting. Upon
roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
WARRANT#966
Mr.Tenerelli read Warrant#966. Moved by Glover,seconded by Johnson,to approve Warrant#966 in the amount
of$2,930,577.11,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
BOARD OF HEALTH
President Hartstein appointed Dr.Brian Smart to the Board of Health for a term to expire April 30,2003. Moved by
Glover,seconded by Berman,to concur with President Hartstein's appointment. Upon roll call,Trustees voted as
follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
PARK DISTRICT
President Hartstein congratulated the Park District upon the completion of the Raupp Memorial Museum and noted
that the grand opening will be held on September 30,2002.
President Hartstein also congratulated the Park District on the opening of the new skate park,where the ribbon
cutting will take place on Saturday,September 28,2002.
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FLU SHOTS
President Hartstein reminded residents about the Flu Shot Program sponsored by the Village,and he noted the dates
and times where these shots will be administered.
ILLINOIS MUNICIPAL LEAGUE
Trustee Berman reported on his attendance at the Illinois Municipal League Annual Conference;he commended Mr.
Raysa for an excellent presentation,and also President Hartstein for his participation on a panel.
Trustee Berman also noted that State Representative Sidney Mathias was awarded the Legislator of the Year award
by the Illinois Municipal League.
NORTHWEST MUNICIPAL CONFERENCE
Trustee Braiman,having been appointed to the Legislative Committee for the Northwest Municipal Conference,
attended his first meeting last week where the current Legislative Report Card was presented;he reviewed the
criteria for grades and reported on the grades for the legislators from the area serving Buffalo Grove.
President Hartstein noted that the Northwest Municipal Conference Legislative Dinner will be held October 9,2002.
YOUTH COMMISSION
Trustee Trilling reported on the September meeting of the Youth Commission,noting that the Commission raised
over$1,000.00 from the sale of cotton candy during Buffalo Grove Days.
NORTHWEST MUNICIPAL CONFERENCE GOLF OUTING
Trustee Trilling presented an award won by himself and Ray Rigsby at the recent Northwest Municipal Conference
Golf Outing to President Hartstein for display at the Village Hall.
VOTER REGISTRATION
The Village Clerk noted that the last day to register to vote in the November 5,2002 election is October 7,2002,and
noted the hours that residents will be able to register at Village Hall.
President Hartstein also noted that there will be special issues of People, Places and Issues featuring candidates that
will air before the election.
MANAGEMENT REPORT
Mr.Balling noted the submittal of the Management Report for the month of August;there were no questions on
same.
WATER REFINANCING
Mr.Balling presented a recommendation on a proposed refinancing of the Northwest Water Commission revenue
bonds,details of which are contained in Mr.Brimm's memo to him of September 16,2002.
Moved by Berman,seconded by Braiman,to concur with staff recommendation to endorse the inclusion of the
Northwest Water Commission Buffalo Grove portion of the Revenue Bonds in the Revenue Bond Issue coming
before the Commission. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
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FIRE DEPARTMENT OPEN HOUSE
Mr.Balling noted that the Fire Department will hold its annual Open House on Saturday,September 28,2002 at the
Highland Grove station,and invited members of the public to attend.
GOLDEN BISON AWARD—LEONETTI&ASSOCIATES
President Hartstein presented a brief background of the Golden Bison award. President Hartstein then recognized
Michael Leonetti,CEO of Leonetti&Associates and reviewed a history of the company and its accomplishments
and contributions to the community,particularly the celebration of the company's 20`h anniversary and sponsorship
of the Leonetti&Associates Omni Golf Classic.
President Hartstein then presented the Golden Bison award to Mr.Leonetti,who thanked the Board and the Village
for this honor as he was congratulated by the audience and the Board .
PUBLIC HEARING—ALDRICH PROPERTY
President Hartstein reconvened the Public Hearing at 7:52 P.M.
Moved by Berman,seconded by Glover,to continue this Public Hearing regarding the Annexation Agreement
concerning the Aldrich Property, 16226 W. Aptakisic Road until the October 7,2002 Regular Village Board
Meeting. Upon voice vote,the motion was declared carried,with Trustee Johnson recusing himself.
At 7:53 P.M.,President Hartstein continued the Public Hearing until October 7,2002.
QUESTIONS FROM THE AUDIENCE
Lawrence Lois noted that there is a problem at the residence at 449 Caren Drive because flammable materials are
kept in this garage and he is concerned that there will be an explosion. Mr. Olis stated that he has contacted the
Village several times and is told that there is nothing that can be done about it because it is on private property;he
also stated that there is a business being run out of the house, which is against Village ordinance.
President Hartstein stated that staff will investigate these circumstances and presented a report to the Board and Mr.
Olis.
CONSENT AGENDA
President Hartstein explained the Consent Agenda,stating that any member of the audience or the Board could
request that an item be removed for full discussion;there were no such requests. The Village Clerk then read a brief
synopsis of each of the items on the Consent Agenda.
In answer to a question from Trustee Braiman,Mr.Balling stated that he has spoken with representatives from the
Rolling Hills Subdivision and ascertained that the problems have been rectified.
Moved by Glover seconded by Kahn to approve the Consent Agenda.
RESOLUTION No.2002-38—Waterford Pointe Professional Center
Motion to approve a Resolution Authorizing the Vacation of the Plat for Waterford Pointe Professional Center of
Buffalo Grove.
ROLLING HILLS SUBDIVISION—Initial Acceptance&Approval
Motion to approve the Initial Acceptance&Approval for Rolling Hills Subdivision.
WATERFORD POINTE&LaSalle Bank—Final Plat(s)of Subdivision
Motion to approve the Waterford Pointe&LaSalle Bank Final Plat(s)of Subdivision.
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Upon roll call Trustees voted as follows on the consent Agenda.
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
ORDINANCE#2002-52—NOAH'S LANDING
Moved by Johnson,seconded by Berman,to pass Ordinance#2002-52,approving the Second Amendment to the
Noah's Landing townhomes(Jacobs Homes)Planned Unit Development concerning the change of unit types and
exterior elevations of buildings,north side of IL Route 22 east of Prairie Road,draft ordinance dated 9/17/02. Upon
roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Johnson,Trilling
NAYS: 1—Kahn
Motion declared carried.
RESOLUTION#2002-39—SANITARY SEWER SYSTEM
Moved by Berman,seconded by Glover,to pass Resolution#2002-39,approving an Engineering Services Proposal
for the 2002 Evaluation of the Sanitary Sewer System in an amount not to exceed$15,000.00.
In answer to a request from Trustee Braiman for further information regarding the span in the bids,Mr.Boysen
reviewed this item,details of which are contained in his memo to Mr.Balling of August 29,2002.
Keith Corso,Branch Manager of Applied Technologies,commented on the value of the modeling,which is one of
the features that distinguishes them from other bids,noting that it is actually much more cost efficient with the
model;he then answered questions from the Board.
Mr.Balling stated that staff will further clarify this issue for the Board.
Upon roll call,Trustees voted as follows:
AYES: 4-Johnson,Kahn,Trilling,President Hartstein
NAYS: 3-Braiman,Glover,Berman,
Motion declared carried.
BUSINESS LICENSE FEES
Moved by Berman,seconded by Johnson,to pass Ordinance#2002-53,amending Sections 5.04.110 of Title 5 of the
Village of Buffalo Grove Municipal Code concerning schedule of business license fees.
Mr. Anderson made a presentation to the Board reviewing the proposed increase in business license fees,details of
which are contained in his memo to Mr.Balling of September 17,2002.
Trustee Berman thanked Mr.Anderson for his efforts in putting this proposal together.
Discussion followed on simplifying the fee structure and methodology in arriving at the proposed fee structure;it
was suggested that discussion on these fees take place with the Chamber.
Moved by Johnson,seconded by Berman,to defer action on this issue until further information is received from
staff.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
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ORDINANCE#2002-53—LIQUOR CONTROLS
Moved by Berman,seconded by Johnson,to pass Ordinance#2002-53,amending Chapter 5.20,Liquor Controls;
details of this proposed ordinance are found in Mr.Brimm's memo to Mr.Balling of September 12,2002.
Trustee Berman briefly reviewed the reason for the proposed ordinance,which allows minors aged 19-20 to be
employed as servers.
Trustee Berman suggested a two-year sunset provision to ensure that the program is evaluated on a regular basis.
Mr.Raysa suggested a date of 4/30/05.
Trustee Braiman stated that he wants to be sure that the$35 licensing cost is per server and would like language
added to that effect. Trustee Braiman would also like to see language added that,in addition to any other penalty,
the Village would have the authority to revoke this privilege if there is any violation by the establishment. Trustee
Johnson noted that the proposed ordinance provides that a violation of this licensure provision also constitutes a
violation of the license itself for the establishment.
President Hartstein noted that,as with any other liquor violation,any offense will be treated and dealt with very
seriously.
Trustees Berman and Johnson amended the motion to include the suggestions offered by Trustees Berman and
Braiman. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
ORDINANCE#2002-54—LIQUOR CONTROLS—WHITE HEN PANTRY
Moved by Kahn,seconded by Berman,to pass Ordinance#2002-54,amending Chapter 5.20 Liquor Controls,
transferring ownership of the liquor license for White Hen.Pantry at 1153 N. Arlington Heights Road back to White
Hen Corporation. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
ORDINANCE#2002-55—LIQUOR CONTROLS—WINE TASTING
Moved by Berman,seconded by Kahn,to pass Ordinance#2002-55,amending Chapter 5.20,Liquor Controls,
permitting wine and liquor tasting in glassware provided by the customer in addition to disposable plastic cups.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
ORDINANCE#2002-56—MONGOLIAN RESTAURANT
Moved by Johnson,seconded by Berman,to pass Ordinance#2002-56,amending Chapter 5.20,Liquor Controls,
revoking the Class E license held by Mongolian Restaurant,Inc. limiting them to beer and wine service. Upon roll
call,Trustees voted as follow;
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
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ORDINANCE#2002-57—MONGOLIAN RESTAURANT
Moved by Johnson,seconded by Berman,to pass Ordinance#2002-57,amending Chapter 5.20,Liquor Controls,
adding a Class B license for Mongolian Restaurant,Inc. allowing them to sell alcoholic liquors. Upon roll call,
Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
ORDINANCE#2002-58—STOP SIGN
Moved by Berman,seconded by Johnson,to pass Ordinance#2002-58,amending Title 10 of the Village of Buffalo
Grove Municipal Code,installation of a two-way stop sign on Madiera Drive at Applehill Lane. Upon roll call,
Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
55'AERIAL LIFT
Moved by Berman,seconded by Glover,to award the bid for removal and replacement of the 55' Aerial Lift,
pursuant to Mr.Rigsby's memo to Mr.Balling of September 17,2002. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0--None
Motion declared carried.
COMMUNICATIONS MONOPOLE—700 EASTWOOD LANE
Bill Braithwaite,attorney with Arnstein&Lehr,noted that they are here regarding the property at the east end of
Eastwood Drive in the Industrial District. Village ordinance requires a special use for the communications pole that
they are seeking,and would also require a variation for the height. Mr.Braithwaite stated that they do not believe
that the lot in question is useable for the zoned purpose;they believe the size does not make it economically feasible
for an industrial lot;he pointed out that this is not a communications tower,but a monopole, which should not be
objectionable to anyone,since theypropose that the base of thepole would be surrounded bysignificant landscaping
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and a wood fence;they ask that this be referred to the Plan Commission in order that they may make a full
presentation.
Lengthy discussion ensued, with the emphasis on the proximity to the nearest residential property,the number of
variations requested,the 140' height of the pole,the four small sheds on the property,and the need for another tower
in the area,with the biggest concern relating to the height.
Mr.Braithwaite stated that they will work on the issues raised by the Board and then work with staff to be put on the
agenda as soon as possible.
FLUSHER/VACUUM
Moved by Berman,seconded by Braiman,to waive bids and issue a purchase order to rebuild the 1990 VacCon
Flusher/Vacuum,in an amount not to exceed$38,833.62 as provided in the Village Board Meeting Agenda Item
Overview. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
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BILLS FOOTBALL ASSOCIATION
Moved by Glover,seconded by Kahn,to refer the Buffalo Grove Park District,proposed amendment of special use
to expand the number of days for use of the Public Address system for the Bills Football Association at Emmerich
Park East.
Mr.Balling presented a background on this issue.
Mr.Rylko reviewed the request of the Park District and the Bills Football Association,noting that the current
ordinance was passed ten years ago,and the participants in the program have almost quadrupled;details of Mr.
Rylko's presentation are contained in the Village Board Meeting Agenda Item Overview prepared by Ms. Kelly.
The first request is for the consideration of conditions under which the PA system special use ordinance could be
modified for future seasons. The second request is to have some type of extension for the rest of this season,at least
for the playoffs.
Mr.Raysa referred to Ordinance#92-81,as well as the minutes of meetings where this was discussed;he noted that
it is his opinion that three weekends is the limit. Mr.Raysa stated that this is a Special Use and Zoning Ordinance.
Both by State Statute and by Village ordinance,an amendment to this ordinance requires a Public Hearing, which
may be held by either the Plan Commission or the Village Board,but it must be held before the ordinance is
amended. Notice requirement for a Public Hearing is not less than 15 nor more than 30 days.
Trustee Berman confirmed that the Village Board does not have legal authority to grant the request for additional
days or weekends without a Public Hearing.
Mr.Wagner stated that this ordinance is now ten years old and the program has grown dramatically;the Bills have
unknowingly been using the PA system for the past six years without complaint;there are approximately 200-300
people at every game.
Trustee Berman again stated that the Board does not have the authority to amend the ordinance at this time.
Trustee Glover noted that the Village cannot violate its own ordinances.
Mr.Wagner asked if it is against the rules for him to use a handheld megaphone.
Mr.Raysa stated that no sound amplification devices are allowed;it is his opinion that a megaphone is defined as a
sound amplification device.
Trustee Johnson stated that the Board simply cannot legally take action on amending the ordinance tonight;he asked
that Mr.Wagner work with staff to find an acceptable solution within the law.
Several residents complained that the ordinance has consistently been blatantly disregarded and they do not believe
that an amendment should be granted. It was confirmed that residents will be notified before the Public Hearing is
held.
President Hartstein urged both sides to be respectful of each other during the time that a solution is being worked
out.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
•
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ADJOURNMENT
Moved by Berman,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 9:42 P.M.
Jaet M. Sirabian,Village Clerk
APPROVED BY ME THIS 11714 DAY OF 0 CT o C �R ,2002
Village President