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2001-03-19 - Village Board Regular Meeting - Minutes 1 11075 3/19/2001 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD, BUFFALO GROVE,ILLINOIS ON MONDAY,MARCH 19,2001 CALL TO ORDER President Hartstein called the meeting to order at 7:34 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Marienthal,Braiman,Hendricks,Glover, Berman,Johnson. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant Village Manager/Finance Director;Ghida Sahyouni,Assistant Village Manager;Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Robert Giddens,MIS Director;Gregory Boysen,Director of Public Works;Robert Pfeil,Village Planner;and Richard Kuenkler,Village Engineer;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Hendricks,to approve the minutes of the March 5,2001 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. Moved by Glover,seconded by Braiman,to approve the minutes of the March 12,2001 Committee of the Whole Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Marienthal,Braiman,Glover,Berman,Johnson NAYS: 0—None ABSTAIN: 1 —Hendricks Motion declared carried. WARRANT#930 Mr.Tenerelli read Warrant#930. Moved by Hendricks,seconded by Glover,to approve Warrant#930 in the amount of $1,525,483.62,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. MUNICIPAL ELECTION President Hartstein reminded residents that there will be an election on April 3,2001. Information on the candidates and issues may be seen on People Places &Issues,which will be aired on Channel 6 through April 2,2001. Also, The Crossings Homeowners Association will conduct a candidates' forum at 3:00 P.M.on April 1,2001. APPOINTMENTS President Hartstein reappointed the following members of the Buffalo Grove Days Committee for a term to expire 12/31/01: 11076 3/19/2001 Jean Blais Rhonda Corchin Karen Danenberg Paulette Greenberg Lori Hackett Ron Hackett Debra Jess Dean Hoelting Glenda Hoelting Thomas Johns Charles Kramer Ken Lazar Rocco Pape Tracy Pape J.R. Springman,Jr. Murray Sprung Michelle Taxe Joseph Tenerelli Larry Buchweitz Howard Hoffman Pam Sorocco Mary Libby Moved by Glover,seconded by Johnson,to concur with President Hartstein's appointments. Upon roll call, Trustees voted as follows: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. President Hartstein appointed Nicole Lee to the Buffalo Grove Days Committee for a term to expire 12/31/01. Moved by Glover,seconded by Johnson to concur with President Hartstein's appointment. Upon voice vote,the motion was unanimously declared carried. President Hartstein appointed Mary Jo Reid to the Civic Involvement Commission. Moved by Marienthal,seconded by Braiman,to concur with President Hartstein's appointment. Upon voice vote, the motion was unanimously declared carried. ILLINOIS WOMEN OF ACHIEVEMENT Trustee Glover stated that she had attended the 2001 Illinois Women of Achievement Awards at the Union League Club in Chicago with Martha Weiss,the designee for the award from Buffalo Grove. Ms. Weiss was then congratulated by the audience and the Board. RESOLUTION#2001-10—HOUSE BILLS 942& 1085 Trustee Johnson explained the contents of the two proposed bills and their effect on municipalities,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Ms.Sahyouni;he read the proposed resolution in opposition to these bills. Moved by Johnson,seconded by Braiman,to pass Resolution#2001-10,a resolution in opposition to House Bill 942 and House Bill 1085. Upon roll call,Trustees voted as follows: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson 1 NAYS: 0—None Motion declared carried. ROUTE 53 �./ Trustee Berman noted that a press conference was held today by the Citizens to Protect Quality of Life through Better Transportation to announce the results of a survey that was conducted in Lake County by a professional opinion research firm. Trustee Berman then conducted a brief Powerpoint presentation reviewing the results of this survey;he urged everyone to become involved in this issue to let officials know that Route 53 is something that we want to see happen. Trustee Berman was thanked for all the time and effort that he has put into this project. 11077 3/19/2001 ROTARY Mr.Balling explained the presentation to be made by the Rotary Club,and introduced several Rotary officials in attendance. President Mark Meyers discussed the bicycle path/overpass project on Route 83;he reviewed the landscaping project and the funding of that project Pat Keegan,Rotary Treasurer,made a presentation of$25,000.00 to the Village,which represents their share of the Route 83 overpass. Martha Weiss, who is in charge of raising money and donations for landscaping of the overpass in order to make it as attractive as possible for the neighborhood,asked businesses and individuals to donate;there will be an article in the newsletter with more details. Brian Rubin,speaking as co-chair of the Rotary Club of Buffalo Grove Bill Reid Buffalo Grove Community Service Award Committee,noted that Bill Reid was a founding member of the Rotary Club of Buffalo Grove,and tonight the Rotary Club announces the first annual award. Mr.Rubin reviewed Mr.Reid's accomplishments and what he meant to the community. This award will be bestowed annually on an individual who follows in Mr.Reid's footsteps by giving back to the community and serving their fellow residents. Mr.Rubin reviewed the criteria for the award,and asked residents to submit nominees for this award. The award will be presented at the Rotary Village Green on the 4th of July each year and that the recipient be honored at the Village Board meeting following. A plaque with each recipient's name will be permanently displayed in the Village Hall. President Hartstein thanked Mr.Rubin and the Rotary Club for their efforts and noted that the Village will be honored to have the recipients recognized at a Board Meeting and to have the plaque displayed in Village Hall. MANAGEMENT REPORT Mr. Balling noted the submittal of the Management Report for February,2001;there were no questions on same. GOLDEN BISON AWARD-CDW Ms. Sahyouni presented a brief background of CDW and their accomplishments in helping the community,details of which may be found in the Village Board Meeting Agenda Item Overview. Gary Ross and Norm Lillis of CDW accepted the Golden Bison as they were congratulated by the audience and the Board. AT&T CABLE Mr.Balling presented a status report on the AT&T issue,and explained the request by AT&T to defer discussion concerning their remediation plan per 7.4.D.1 of Cable Franchise Agreement until May 7,2001;details of this request may be found in Mr.Cavallaro's letter to Mr.Balling of March 15,2001. Mr.Balling stated that he would like to inform AT&T that the Village Board does not wish to impede the speed with which AT&T remediates their offer with their customers,but he believes AT&T needs to provide an accounting under the franchise agreement between now and May 7,2001 in terms of the problems that have occurred. �./ Mr.Balling then answered questions from the Board. PUBLIC HEARING—GIAMETTA PROPERTY(22953-22981 Prairie Road) The Public Hearing was re-opened at 8:20 P.M. President Hartstein noted that this Public Hearing is continued from February 20,2001. Mr.Balling noted clarifications that have been made to the document dated March 15,2001. L 11078 3/19/2001 Michael Sieman,on behalf of the Giametta family, stated that they received the amended draft of the Annexation Agreement and have reviewed it with their clients and the owners are in agreement with all the terms and conditions as set forth in that Annexation Agreement. President Hartstein asked if there were any comments from any other public bodies or members of the audience; there were none. Mr.Pfeil then answered a question from Trustee Braiman. At 8:24 P.M.,President Hartstein continued the Public Hearing until the ordinances are considered later on in the meeting. QUESTIONS FROM THE AUDIENCE Mark Spivak, 1999 Sheridan Road,stated that he has an objection to the fact that President Hartstein signed his letter to the editor endorsing candidates for the School District 96 Board with his official title as an elected official; he believes this lends an air of authority to the endorsement and makes it appear to be an action by the Village, rather than an individual. 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. President Hartstein then read a brief synopsis of each of the items on the Consent Agenda. Moved by Marienthal,seconded by Glover to approve the consent agenda. ORDINANCE No.2001-011 Sign Code Motion to approve Ordinance No.2001-011,Granting a variation to the Sign Code,Section 14.20.010,pertaining to Residential Districts and to Section 14.40.025,pertaining to Changeable Copy Signs. ORDINANCE No.2001-012—Sign Code Motion to approve Ordinance No.2001-012,Granting a variation to Sign Code,Section 14.20.130,pertaining to Directional Signs. 2001 BIKE PATH&PARKING LOT IMPROVEMENTS—Authorization to Bid Motion to authorize to bid the 2001 Bike Path and Parking Lot Improvements Program. 2001 SIDEWALK REMOVAL&REPLACEMENT -Authorization to Bid Motion to authorize to bid the 2001 Sidewalk Removal &Replacement Program. FY2000 AUDIT OF BG GOLF CLUB AND AURBOETUM GOLF COURSE FUNDS—Acceptance of Audit Motion to accept the FY2000 Audit of the Buffalo Grove Golf Club and Arboretum Golf Course Funds. BUFFALO GROVE COMMERCE CENTER,LOT 14—Aesthetics Motion to approve Aesthetic Review of Elevztions,Colors andd materials for the Able First Aid,Inc.,Buffalo Grove Commerce Center,Lot 14. 11079 3/19/2001 Upon roll call,Trustees voted as follows: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. BUFFALO GROVE MUNICIPAL CODE Moved by Marienthal,seconded by Glover,to pass Ordinance#2001-13,an ordinance amending Section 13.04.190 and 13.04.290 of the Village of Buffalo Grove Municipal Code;details of the proposed ordinance are contained in Mr.Brimm's memo to Mr. Balling of March 13,2001. Trustee Braiman explained his reasons for asking that this item be deferred. Moved by Braiman,seconded by Johnson,to defer action on the proposed ordinance until staff can make sure that it is comfortable with the amounts. Upon voice vote,the motion was unanimously declared carried. ORDINANCE#2001-13—DOMINICK'S Mr. Hene,representing Dominick's,reviewed the revised proposal being brought before the Board;he received the report from the Village's traffic engineer,and that report is favorable toward the changes they have made and Dominick's is in agreement with their comments. Dominick's has not given up hope of potentially having a fuel center at this location. Mr. Balling confirmed that the traffic consultant has reviewed and believes that it is consistent with good engineering practices;he reviewed the phasing and staging,and noted that there should be a smooth transition with regard to the construction. Mr.Hene answered questions from the Board;Dominick's expects to be in operation by early December,2001. Moved by Braiman,seconded by Hendricks,to pass Ordinance#2001-13,approving an amendment to the Planned Unit Development and Preliminary Plan in the B-3 District for Dominick's Supermarket,The Plaza at Buffalo Grove,west side of Buffalo Grove Road,north of Dundee Road. AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. DOMINICK'S INFRASTRUCTURE AGREEMENT Mr.Balling presented a brief history on this issue and an update on the proposed agreement and what issues have been addressed. President Hartstein summarized the proposed agreement: the Village will have no obligation whatsoever to pay any money under this agreement in the event that the on-site detention is not required;this agreement includes the obligation of Dominick's to provide for the financing of a stop light for the project,of which they will be allowed to recapture two-thirds of the cost;the Village is obligated for an amount of no more than$350,000 only if the detention is required, which would be paid over a period of 10 years. Trustee Johnson stated that no one wants to give away sales tax,however, we want to keep sales-tax generators, therefore,he believes these financial incentives will be in the best interest of the Village in the long run;he is not convinced that the drainage is a necessity,and he believes that all efforts should be made to get the waiver;if those efforts are fruitless, he believes that it is in the community's best interests to provide for these public infrastructure payments. 11080 3/19/2001 Trustee Braiman stated that he believes it is imperative that the Village take the lead role to be sure that the best interests of the Village are met;he agrees with Trustee Johnson's comments and noted that this becomes a good investment in the long run;reconstruction of the center will increase sales for all businesses in the center. Trustee Berman believes the revised proposal is far more reasonable and represents the opportunity to create a substantial benefit for the Village. Moved by Johnson,seconded by Glover,to direct the Village Attorney to put an agreement in final form for submission to the Board which incorporates the various principles that have been enunciated tonight to be put on the agenda for the next Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. RESOLUTION#2001-11—2001-2002 PROGRAM BUDGET Moved by Braiman,seconded by Hendricks,to pass Resolution#2001-11,a resolution adopting the Fiscal 2001- 2002 Program Budget for the Village of Buffalo Grove. Mr.Brimm's memo to Mr.Balling of March 14,2001 addressed all issues raised by the Board at the budget review on March 12,2001. Upon roll call,Trustees voted as follows: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. ORDINANCE#2001-14—GIAMETTA Moved by Berman,seconded by Glover,to pass Ordinance#2001-14,approving an Annexation Agreement concerning the Giametta property,22953-22981 N.Prairie Road,proposed annexation with Residential Estate zoning. Mr.Raysa stated that the document being considered tonight is dated 3/15/01 in the upper right-hand corner;he also asked that the motion be amended to allow him to fill in certain blanks on the agreement. Trustees Berman and Glover amended the motion to incorporate Mr.Raysa's request. President Hartstein asked if there were any further comments from the audience or the Board;there were none. President Hartstein closed the Public Hearing at 9:06 P.M. Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. RESOLUTION#2001-12—ILLINOIS FIRST GRANT Moved by Glover,seconded by Johnson,to pass Resolution#2001-12,approving an Illinois First Grant Agreement with the Illinois Department of Natural Resources related to Bikeway and Street Lighting System Improvement. Mr. Balling reviewed this proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. 11081 3/19/2001 Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. ORDINANCE#2001-15—LIQUOR CONTROLS Moved by Berman,seconded by Glover,to pass Ordinance#2001-15,an ordinance amending Chapter 5.20(Liquor Controls)of the Village of Buffalo Grove Municipal Code. Upon roll call,Trustees voted as follows: Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. GREENHILL COMPANY Mr.Balling noted that the petitioner asked that this item be removed from consideration until further notice. FY 2000-2001 YEAR END PURCHASE REVIEW Mr.Brimm reviewed his memo to Mr.Balling of March 13,2001 detailing the FY 2000-2001 Year End Purchases. Moved by Berman,seconded by Hendricks,to approve FY 2000-2001 Year End Purchases as outlined in Mr. Brimm's memo to Mr.Balling of March 13,2001. Upon roll call,Trustees voted as follows: AYES: 6—Marienthal,Braiman,Hendricks,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. ADJOURNMENT Moved by Berman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:16 P.M. t' JTYt 2u4,eu,U Janet M.Sirabian,Village Clerk APPROVED BY ME THIS 7-44-DAY OF Apit. ,2001 Village President