1999-09-13 - Village Board Special Meeting - Minutes 10856
9/13/99
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 13,1999
CALL TO ORDER
President Hartstein called the meeting to order at 7:39 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present:President Hartstein;Trustees Marienthal,Reid,Braiman,Glover and
Berman. Trustee Hendricks was absent.
Also present were: William Balling,Village Manager;William Raysa,Village Attorney;Ghida Sahyouni,Assistant
Village Manager;William Brimm,Assistant Village Manager/Finance Director; Scott Anderson,Assistant Finance
Director;Art Malinowski,HR director;Robert Giddens,MIS Director;Phil Versten,Administrative Assistant;
Gregory Boysen,Director of Public Works;Raymond Rigsby, Superintendent of Public Works;Robert Pfeil,
Village Planner;Richard Kuenkler,Village Engineer;Fire Chief Allenspach;Deputy Fire Chief Sashko; and Joseph
Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Braiman,to approve the minutes of the August 16, 1999 Regular Meeting and the
August 30, 1999 Special Meeting. Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSTAIN: 1 —Reid(8/16/99)
ABSENT: 1 —Hendricks
Motion declared carried.
WARRANT#893
Mr.Tenerelli read Warrant#893. Moved by Marienthal,seconded by Braiman,to approve Warrant#893 in the
amount of$1,952,905.81,authorizing payment of bills listed.Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
BUFFALO GROVE DAYS
President Hartstein thanked everyone involved for making Buffalo Grove Days a tremendous success;he noted the
times that the Parade and the Chamber of CommerceNillage softball game will be shown on Channel 6.
Trustee Glover also thanked everyone on the committee and the staff for all of the work they did to make a
wonderful week-end for our residents.
Trustee Reid noted that he collected approximately 1,000 signatures on the petitions asking for support for the
extension of Route 53;those petitions continue to be available for signatures at the Village Hall.
SERVICE AWARD
President Hartstein read a brief history of service given to the Village over the last 20 years by Mike Hunsinger;Mr.
Hunsinger came forward and was presented with a gift from the Village and was congratulated by the audience and
the Board.
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GOLDEN BISON AWARD
President Hartstein explained the Golden Bison award,. He recognized Highland Park Hospital Health and Fitness
Center for their efforts in coordinating their first annual Celebrating Fitness 5K on September 26, 1999 to benefit the
Walter Payton Foundation;he then presented the first Golden Bison Award to Leslie Galvan and Robyn Kove,
representing the Fitness Center.
PROCLAMATION—DOMESTIC V IOLENCE AWARENESS
President Hartstein read a proclamation declaring the Village of Buffalo Grove's Participation in Domestic Violence
Awareness Month,October, 1999.
PROCLAMATION—CHAMBER OF COMMERCE WEEK
President Hartstein read a proclamation declaring September 26-October 2, 1999 Chamber of Commerce Week in
Buffalo Grove.
TOLERANCE VIGIL
President Hartstein urged all residents to join him in a Community Tolerance Vigil being sponsored by the
Northwest Suburban Interfaith Council and the Northwest Community Tolerance Committee taking place on
Thursday,October 7, 1999,between the hours of 7:30-9:00 P.M.at St.Mary's Church.
MILLER LANE FIRE
President Hartstein thanked all of the members of the Buffalo Grove fire and police departments,as well as the
many personnel from neighboring departments,and everyone who aided residents left homeless by this devastating
fire.He noted that there will be an informational meeting held by the fire department on September 15, 1999 in the
parking lot of the building.
ILLINOIS MUNICIPAL LEAGUE
Trustee Glover noted that she will be attending the Illinois Municipal League Conference in Chicago this week-end,
along with the Village Clerk,and she will present a report to the Board on the Conference.
NORTHWEST MUNICIPAL CONFERENCE
Trustee Berman reported on the recent meeting of the Northwest Municipal Conference that he attended.
STEVENSON HIGH SCHOOL
President Hartstein noted that Stevenson High School will have their Homecoming Spirit Walk this Saturday,with
proceeds to benefit Illinois Fire Safety Alliance Burn Camp.
SANITARY SEWER SURCHARGING
Mr.Balling reported that this issue will not be discussed this evening because interested residents were unable to
attend;the issue will be on the October 4, 1999 agenda.
PROPERTY TAX RATES
Mr.Brimm summarized the fmal wrap-up for the 1998 property tax year cycle,and indicated that the Village met all
of the objectives that were established.
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LEADERSHIP BREAKFAST
Mr.Balling explained the Leadership Breakfast,and noted that a Community Roundtable will take place in the
Council Chambers on Thursday,October 28, 1999.
APPEAL OF ZBA DECISION
President Hartstein reviewed this ZBA appeal,details of which are contained in Mr. Schar's memo to Mr.Balling of
September 7, 1999. President Hartstein then swore in Robert and Jodie Grant,2292 Avalon Drive,to give
testimony.
Mr.and Mrs.Grant then presented their reasons why they believe the Board should reverse the decision of the ZBA.
ZBA Chairman Heinrich reviewed the proceedings that tookplace at the ZBA meeting.
P g g
Mr.Raysa clarified the alternatives available to the Board this evening in responding to this request.
After lengthy discussion President Hartstein polled the Board: "YES"indicates favor of dealingwith this issue
tonight;"NO"indicates favor of referring it back to the ZBA,subject to modifications:
YES: Marienthal,Reid,Berman
NO: Braiman,Glover
ABSENT: Hendricks
Moved by Berman,seconded by Marienthal,that the Board modify the recommendation of the ZBA to permit a
variation of 15' from the building line as requested this evening by the petitioners.
Trustee Reid agrees with Trustee Glover's proposal to allow the fence 15' from the Grant's property line along
Avalon,but at the north end,at a point 5' from the property line,the fence is required to be angled to meet the 30'
building set back on the adjacent lot to the north.
Trustee Berman and Trustee Marienthal both accepted Trustee Reid's amendment to the motion.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
President Hartstein stated that the Grants must still get a building permit for the fence. Mr.Balling will distribute a
sketch of the approved fence.
It was noted that this is not a reflection of the ZBA decision;there was no compromise requested at the ZBA
meeting,therefore,the ZBA had to act solely on the request before them.
PUBLIC HEARING—RIVER OAKS
President re-opened the Public Hearing for the Annexation Agreement concerning Zale Companies,proposed River
Oaks subdivision,Prairie Road adjacent to Indian Creek,annexation with R-3 zoning for 28 single-family homes at
8:50 P.M.
President Hartstein asked if there were any comments from any other public bodies concerning this proposal;there
were none.
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Rob Heape,411 English Oak Terrace,reiterated communications that he has had with Village personnel regarding a
homeowners association;he was told that there would not be a homeowner's association,and he is now distressed to
learn that there will defmitely be a homeowner's association.
In answer to a question from Trustee Braiman,Mr. Schwartz stated that it is contemplated that there will be a
homeowner's association for the purpose of enforcing any declaration of covenants and restrictions; if an association
is created,the annual association fees will be less than$250 per year per homesite;the purchase agreement provides
for the creation of a homeowner's association.
Mr. Heape explained his concerns regarding a homeowner's association;he also wondered if the common property
would be available to all residents of the Village,or just the members of the homeowner's association.
Mr. Schwartz stated that,if this is a serious issue with Mr.Heape the Zale Companies,within the next 48 hour time
frame,will refund his earnest money and render the contract null and void.
President Hartstein asked if there were any further comments or questions;there were none.
President Hartstein closed the Public Hearing at 9:08 P.M.
QUESTIONS FROM THE AUDIENCE
President Hartstein asked if there were any questions from the audience;there were none.
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.
ORDINANCE#99-71-Signs
Motion to pass Ordinance#99-71,An Ordinance granting a variation to Title 17 of the Buffalo Grove Municipal
Code for a Walgreens ground sign located at 15 N.Buffalo Grove Road.
ORDINANCE#99-72-Stormwater Management
Motion to pass Ordinance#99-72,An Ordinance Amending Chapter 13.12 of the Village of Buffalo Grove
Municipal Code Concerning Stormwater Management.
ORDINANCE#99-73-Liquor Control
Motion to Amend Chapter 5.20 as it pertains to revoking liquor licenses for two previous Walgreen locations.
RATIFICATION OF ORDINANCE 99-62
Motion to Ratify Ordinance#99-62,An Ordinance approving an amendment to the Preliminary Plan for the Jewish
Council of Youth Services(JCYS)Northwest Family Center,southwest corner of Aptakisic Road/Weiland Road.
ORDINANCE#99-74-Disposal of Surplus Property
Motion to pass Ordinance#99-74,An Ordinance authorizing the Disposal of Surplus Village Personal Property.
ORDINANCE#99-75-Liquor Control
Motion to pass Ordinance#99-75,An Ordinance Amending Chapter 5.20,Liquor controls repealing Ordinance#96-
73.
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RESOLUTION#99-43-SMC Certification
Motion to pass Ordinance#99-43,a Resolution approving a Petition for SMC Certification
RESOLUTION 99-44-Deerfield Parkway and Commerce Court
Motion to approve Resolution #99-43, Approving the Deerfield Parkway and Commerce Court Intersection
Improvement.
PROCLAMATION-Habitat for Humanity
Motion to pass a Proclamation designating September 13-19, 1999 as"Habitat for Humanity Lake County Week"in
Buffalo Grove.
FLAT ROOF MAINTENANCE-Authorization to Bid
Motin to authorize to bid for the Flat Roof Maintenance on Village Facilities.
1999 PARKWAY TREE REPLACEMENT-Authorize to Bid
Motion to authorize to solicit sealed bids for 1999 Parkway Tree Replacements.
VEHICLE PURCHASE-Bid Waiver and Authorization
Motion to authorize bid waiver and authorization to purchase two vehicles for the Investigations Division,
STERLING CREEK-Initial Accceptance
Motion to approve the Recommendation for Initial Acceptance for Sterling Creek.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 5—Marienthal,Reid,Braiman,Glover.Berman
NAYS: 0—None
ABSENT: 1—Hendricks
Motion declared carried.
ORDINANCE#99-77—RIVER OAKS
Moved by Glover,seconded by Marienthal,to pass Ordinance#99-77,an ordinance approving an annexation
agreement for the River Oaks subdivision,Zale Companies, Sislow and Krueger properties,Prairie Road adjacent to
Indian Creek. Upon roll call Trustees voted as follows:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
ORDINANCE#99-78—RIVER OAKS
Moved by Glover,seconded by Berman,to pass Ordinance#99-78,an ordinance annexing certain territory to the
Village of Buffalo Grove,Illinois;River Oaks subdivision,Zale Companies,Sislow and Krueger properties,Prairie
Road adjacent to Indian Creek. Upon roll call Trustees voted as follows:
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AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1—Hendricks
Motion declared carried.
ORDINANCE#99-79—RIVER OAKS
Moved by Glover,seconded by Braiman,to pass Ordinance#99-79,an ordinance amending the Zoning Ordinance
of the Village concerning the River Oaks subdivision,Zale Companies,Sislow and Krueger properties,Prairie Road
adjacent to Indian Creek. Upon roll call Trustees voted as follows:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
ORDINANCE#99-80—AMBULANCE FEE
Fire Chief Allenspach reviewed the proposed ordinance.
Moved by Berman,seconded by Braiman,to pass Ordinance#99-80,amending Chapter 3.36,Non-Resident
Ambulance Fee of the Village of Buffalo Grove Municipal Code.
Trustee Braiman stated that he would like to see further information regarding possible collection from delinquent
accounts from people outside of the Village. Mr.Balling responded that staff will present the requested information.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
BERNARD DRIVE PARKING
Trustee Reid explained the Bernard Drive parking proposal.
Moved by Reid,seconded by Braiman,to pass Ordinance#99-81,prohibiting parking on the north side of Bernard
Drive from Cherrywood to Lincoln Terrace.
Dale Olson,674 Bernard Drive,stated that Bernard Drive has been an alternate route for Lake Cook and/or Dundee
Road;the parked cars serve as a deterrent to speeders;if there is no parking on Bernard,he believes there should be
a 3-way stop sign at Bernard and Cherrywood.
Dawn Dotty,representing her mother,Caroline Leuszler,646 Bernard Drive,stated that there is sufficient room for
passing traffic except for a small area;she suggested that the center line be moved south on Bernard,and there
would be room for passing cars as well as parked cars;they do believe that the parked cars are a deterrent to the cars
that travel through the area;if there is no parking on Bernard,there should be a 3-way stop sign;another possibility
would be to issue parking permits for the residents;residents are concerned with a decrease in property values if
parking is not allowed in front of homes.
Trustee Reid stated that he knows that there is a speeding problem,and suggested that the best way to control the
speeding is to increase enforcement;he does believe that parking should be prohibited on both sides of the street.
Trustee Marienthal agrees with the comments made by the Leuszler family,and he would like to see something
happen there;he agrees with Trustee Reid in reference to making it a hot spot.
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Davina Pawlak,630 Bernard Drive,stated that she just moved in three months ago,and when she purchased the
home,there was parking in front of her home;this would present a hardship for her not to be able to park in front of
her home.
President Hartstein stated that there seem to be several problems that need to be addressed in this area.
Moved by Reid,seconded by Glover,to defer this item until more information can be obtained. Upon roll call,
Trustees voted as follows:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1—Hendricks
Motion declared carried.
Mr.Balling asked the interested residents to leave their names and addresses for notification.
ORDIANCE NUMBERS
Mr.Raysa noted that Item XI.,D.on the Consent Agenda,should not have been given an ordinance number,
therefore,each of the ordinance numbers should be moved back one number.
WIRELESS NETWORK
Mr.Giddens made a presentation to the Board regarding the proposed wireless network,details of which are
contained in the Village Board Meeting Agenda Item dated September 13, 1999.
Moved by Berman,seconded by Reid,to waive bid for State of Illinois funded wireless network,and recommend
project be awarded to RMS Business Systems of Buffalo Grove. Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
STAFF INTRODUCTION
Mr.Balling introduced Art Malinowski,the new Human Resources Director,who was welcomed to the staff.
EXECUTIVE MEETING
Moved by Berman,seconded by Reid,to move to Executive Meeting to discuss Land Acquisition. Upon roll call,
Trustees voted as follows:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1—Hendricks
Motion declared carried.
The Board moved to Executive Meeting at 9:47 P.M.
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ADJOURNMENT
Moved by Braiman,seconded by Glover,to return to the Regular Meeting. Upon roll call,Trustees voted as
follows:
AYES: 5—Marienthal,Reid,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1—Hendricks
Motion declared carried.
The Board returned to open session at 10:12 P.M.
Moved by Braiman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 10:12 P.M.
Janet M. Sirabian,Village Clerk
APPROVED BY ME THIS 27 DAY OF , 1999.
( ee."--
Village President