1999-05-17 - Village Board Regular Meeting - Minutes 10451
5/17/99
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 MAY 17,1999
CALL TO ORDER
President Hartstein called the meeting to order at 7:38 P.M.Cub Scout Pack#79 from Willow Grove School
presented the Colors as everyone pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Hartstein;Trustees Reid,Braiman,Hendricks,Glover and
Berman. Trustee Marienthal was absent.
Also present were: William Balling,Village Manager;William Raysa,Village Attorney;Ghida Sahyouni,Assistant
Village Manager; William Brimm,Finance Director;Phil Versten,Administrative Assistant; Richard Kuenkler,
Village Engineer;Robert Pfeil,Village Planner; and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Reid,to approve the minutes of the May 3, 1999 Regular Meeting and the May 10,
1999 Committee of the Whole meeting. Upon roll call,Trustees voted as follows:
AYES: 5-Reid,Braiman,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
ABSTAIN: 1 -Hendricks(May 3,1999)
Motion declared carried.
WARRANT#886
Mr. Tenerelli read Warrant#886. Moved by Hendricks,seconded by Glover,to approve Warrant#886 in the
amount of$2,923,032.65,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5 -Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
BUFFALO GROVE HIGH SCHOOL CHEERLEADERS
President Hartstein read a history of accomplishments of the Buffalo Grove High School Cheerleaders this year,
after which,he introduced Jeff Siegel,coach of the cheerleaders. Mr. Siegel then introduced the other coaches and
each of the members of the squad;he commended the students on an outstanding year,stating that the squad went
undefeated for the first time in school history,culminating with the National Championship for the third consecutive
year. Mr. Siegel thanked the parents and the school for the tremendous support given to the squad this year. A
video of the award-winning performance was shown,and the squad was congratulated by the audience and the
Board.
BUFFALO GROVE HIGH SCHOOL EXPRESSIONS
President Hartstein read a chronology of successes for the Buffalo Grove High School Show Choir,The
Expressions,also culminating as.Grand Champions at the Showstoppers National Show Choir Competition,after
which he introduced the Expressions director,Linda McEachran. Ms.McEachran thanked everyone that came to
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the spring show,and stated that she was proud to be a part of this community. She thanked parents and the school
for their support and introduced each of members of the Expressions,who were congratulated by the audience and
the Board.
President Hartstein thanked both of these groups for making Buffalo Grove proud,and noted that each member of
both groups will be receiving a commendation from the Village,and Mr.Balling displayed signs that will be placed
at both Dundee Road entrances to the Village recognizing the accomplishments of The Expressions and the Buffalo
Grove High School cheerleaders.
PROCLAMATION-BUCKLE UP BUFFALO GROVE WEEK
President Hartstein read from a Proclamation declaring May 24-31, 1999 as Buckle Up Buffalo Grove Week in
Buffalo Grove,and encouraged the community to support the efforts of enforcement agencies to increase
compliance with occupant protection laws.
Sgt. Steve Husak thanked the Board for their support of the efforts of the Policed Department. Sgt.Husak then
introduced residents that were in accidents where seat belts saved them from serious injuries,and presented them
with Saved by the Belt awards.
MANAGEMENT REPORT
Mr. Balling noted the submittal of the Management Report for the month of April;there were no questions on
same..
MIRIELLE PARK DEVELOPMENT
Mr.Balling presented a status report on the Mirielle Park Development,details of which are contained in his memo
to the Board of May 13, 1999.
PUBLIC HEARING-COMMONWEALTH EDISON
President Hartstein re-opened the Public Hearing at 8:03 P.M.;he swore in Phil Versten to give testimony.
Mr.Balling introduced this topic and briefly reviewed its history.
Mr.Versten then made a presentation to the Board,details of which are contained in Mr.Pfeil's memo to Mr.
Balling of May 13, 1999.
Mr.Versten answered questions from the Board.
President Hartstein asked if there were any comments from any agencies,governmental bodies or the audience;
there were none.
At 8:09 P.M.,President Hartstein continued the Public Hearing until later on in the agenda.
PUBLIC HEARING-WALSH PROPERTY
President Hartstein opened the Public Hearing for the Amendment of the Annexation Agreement for the Walsh
property, 55 Park Avenue,concerning a variation of the front yard setback for a single family residence,notice of
which was published in the Daily Herald on May 1, 1999.
President Hartstein swore in Chris Walsh to give testimony. Mr. Walsh reviewed his request for the Board,details
of which are contained in Mr.Pfeil's memo to May 12, 1999;he referred to renderings of the proposal.
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Plan Commissioner Krug commented on the Plan Commission discussion,stating that there were no objections to
this request.
President Hartstein asked if there were any comments from any agencies,governmental bodies,members of the
audience or Board members;there were none.
At 8:13 P.M.,President Hartstein continued the Public Hearing until later on in the agenda.
PUBLIC HEARING-COTEY PROPERTY
President Hartstein opened the Public Hearing for the Amendment of the Annexation Agreement for the Cotey
property,northeast corner of Milwaukee Avenue and Estonian Lane,concerning a special use for a monopole
antenna,notice of which was published in the Daily Herald on May 1, 1999.
President Hartstein swore in Don Hook and Brian Barrett to give testimony.
Don Hook, introduced Brian Barrett of the Everest Group,and stated the reason that they are before the Board,and
briefly reviewed the history of this property. Mr.Barrett then distributed photos of the site,with a computer
generated look at the proposed structure. Mr.Hook stated that they have met all staff requirements.
Plan Commissioner Krug reviewed the Plan Commission discussion and vote on this proposal.
Board discussion followed,with Mr.Hook and Mr.Barrett answering questions;the discussion focused on the
height of the proposed tower.
At the request of President Hartstein,Mr.Raysa and Mr.Pfeil reviewed the uses in the I district which could be built
without any special use.
President Hartstein asked if there were any questions from other agencies or public bodies;there were none.
Brian Meltzer of Riverwoods stated that this tower would be intrusive to homes in this area and would probably be
visible from every home;he asked the Board to deny this request.
Matthew Eisenstein of Riverwoods also asked that the Board deny this request;he stated that this tower benefits
only one person,but it harms 50 people.
At 8:52 P.M.,President Hartstein continued the Public Hearing until later on in the agenda.
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#99-36-Traffic
Motion to amend chapter 10 of the Village of Buffalo Grove Municipal Code,prohibiting vehicles from turning left
from the northbound office driveway onto westbound Armstrong Drive.
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ORDINANCE#99-37-Sign Code Variance
Motion to grant variances from Section 14.36.010 of the Buffalo Grove Sign Code.
ORDINANCE#99-38-Zoning Ordinance Variance
Motion to grant variances from Section 17.44.020.E.6 of the Buffalo Grove Zoning Ordinance.
ORDINANCE#99-39-Amend Liquor Control
Motion to amend Chapter 5.20 Liquor Controls reserving a class D license for the NWH Enterprises d/b/a White
Hen Pantry, 1165 Weiland Road and revoking a license for JPL Inc.d/b/a White Hen Pantry.
RESOLUTION#99-22-RESOLUTION#99-28 Village Bank Account Signatory
Motion to authorize Elliott Hartstein as a Village Bank Account Signatory to a Village bank account used for
withdrawal and payment of Village obligations at various banks within the Village of Buffalo Grove.
RESOLUTION#99-29-SWANCC Director
Motion to appoint Village President Elliott Hartstein as a Director of the Solid Waste Agency of Northern Cook
County.
POLICE PENSION FUND ANNUAL REPORT
Motion to approve the Police Pension Fund Annual Report,FY1998-1999.
FIREFIGHTER'S PENSION FUND ANNUAL REPORT
Motion to approve he Firefighter's Pension Fund Annual Report,FY1998-1999.
Moved by Glover,seconded by Braiman to approve the Consent Agenda. Upon roll call,Trustees voted as follows:
AYES: 5 -Reid,Braiman,Hendricks,Glover,Braiman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
ORDINANCE#99-40-COMMONWEALTH EDISON
Moved by Berman,seconded by Braiman,to pass Ordinance#99-40,approving an Annexation Agreement for the
Commonwealth Edison Company property,Buffalo Grove Metra North Central commuter rail facility,east of
Commerce Court. Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
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ORDINANCE#99-41-COMMONWEALTH EDISON
Moved by Berman,seconded by Glover,to pass Ordinance#99-41,annexing the Commonwealth Edison Company
property,Buffalo Grove Metra North Central commuter rail facility,east of Commerce Court. Upon roll call,
Trustees voted as follows on the motion:
AYES: 5—Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
ORDINANCE#99-42-COMMONWEALTH EDISON
Moved by Berman, seconded by Glover,to pass Ordinance#99-42,zoning the commonwealth Edison Company
property,Buffalo Grove Metra North Central commuter rail facility,east of Commerce Court. Upon roll call,
Trustees voted as follows on the motion:
AYES: 5 -Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
ORDINANCE#99-43-BUFFALO GROVE METRA NORTH CENTRAL
Moved by Berman,seconded by Hendricks,to pass Ordinance#99-43,annexing the Village-owned property at
Raphael Avenue and Frank Avenue,Buffalo Grove Metra North Central commuter rail facility,east of Commerce
Court. Upon roll call,Trustees voted as follows on the motion:
AYES: 5-Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
ORDINANCE#99-44-BUFFALO GROVE METRA NORTH CENTRAL
Moved by Berman,seconded by Glover,to pass Ordinance#99-44,zoning the Village-owned property at Raphael
Avenue and Frank Avenue,Buffalo Grove Metra North Central commuter rail facility,east of Commerce Court.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5-Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
President Hartstein closed the Public Hearing at 9:03 P.M.
ORDINANCE#99-45-WALSH PROPERTY
Moved by Berman,seconded by Hendricks,to pass Ordinance#99-45,approving an Amendment of the Annexation
Agreement for the Walsh property, 55 Park Avenue,concerning a variation of the front yard setback for a single-
family residence in the R-3 District. Upon roll call,Trustees voted as follows:
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AYES: 5 -Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
President Hartstein closed the Public Hearing at 9:03 P.M.
COTEY PROPERTY
Moved by German,seconded by Hendricks,to pass Ordinance#99-46,approving an Amendment of Annexation
Agreement for the Cotey property,northeast corner of Milwaukee Avenue/Estonian Lane concerning a special use
for a monopole antenna.
Mr. Raysa made several comments regarding language in the agreement,the Telecommunications Act of 1996,and
also reiterated the special use requirements. Mr.Raysa stated that it is his opinion that the Annexation Agreement
governs the subject property as far as a contract being entered into of what must be built on the property unless the
Annexation Agreement is amended.
Trustee Berman stated that he does not believe that the visual impact of the tower as proposed is so significant as to
cause a major detriment to the area surrounding the parcel;he would prefer that the tower not be built at 199';he
will support the proposal.
Trustee Glover is concerned that,if this is not approved,there could be multiple towers built across the road;she
agrees with Trustee Berman's statement;shed will support the proposed ordinance.
Trustee Braiman does believe this is injurious to surrounding properties;even though it does not affect our
residents,but it does affect neighboring residents;he will vote against the proposal.
Trustee Reid stated that he is not convinced that all of the requirements for a variance are being met. He really does
not see that this is going to be a particular benefit to our community;he believes that it is an intrusion on the
neighborhood;he will not support the proposal.
Upon roll call,Trustees voted as follows:
AYES: 3 -Hendricks,Glover,Berman
NAYS: 2-Reid,Braiman
ABSENT: 1 -Marienthal
Motion defeated, since this proposal would require five affirmative votes for passage.
ORDINANCE#99-46-AISLE 3
Moved by Berman,seconded by Glover,to approve Ordinance#99-46,amending Section 17.48.020.C. of the
Buffalo Grove Zoning Ordinance concerning special use regulations for retail facilities in the Industrial District.
Mr.Balling briefly reviewed the process for this proposal.
Upon roll call, Trustees voted as follows:
AYES: 5—Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
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ORDINANCE#99-47-AISLE 3
Daniel Wolf,representing Aisle 3,made a presentation to the Board,briefly summarizing what has transpired to far
with this proposal,details of which are contained in Mr. Pfeil's memo to Mr.Balling of May 13, 1999.
Trustee Glover asked about traffic in the surrounding area. Mr.Balling stated that there will be a left-turn only at all
hours on Lexington.
In answer to a question from Trustee Braiman,John Ingram of Filene's,stated that the CDW lease has
approximately 4 and'h years remaining,at which time Aisle 3 will take over the entire building. Mr.Wolf stated
that,when the CDW lease terminates,the required number of spaces will be more than accommodates for Aisle 3.
Moved by Berman, seconded by Braiman,to pass Ordinance#99-47,approving a special use for an Aisle 3 retail
facility at 1020 Lake Cook Road in the Industrial District,subject to provision of the lease agreement for the offsite
parking spaces and also subject to providing the pedestrian access as a condition set by the Plan Commission in their
recommendation. Upon roll call,Trustees voted as follows:
AYES: 5 -Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 —Marienthal
Motion declared carried.
RESOLUTION#99-30—COMMONWEALTH EDISON
Moved by Glover,seconded by Berman„to pass Resolution#99-30,authorizing the Village of Buffalo Grove to
enter into a parking lease with Commonwealth Edison Company,as per Philip Versten's memo of May 13, 1999 to
William Balling. Upon roll call Trustees voted as follows:
AYES: 5 - Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
RESOLUTION#99-31—2000 CONTRACTUAL STREET MAINTENANCE
Moved by Glover, seconded by Berman,to pass Resolution#99-31,approving an Agreement of Construction
Engineering Services for the 2000 Villagewide Contractual Street Maintenance Project,to Baxter&Woodman in an
amount not to exceed$62,900.00 per Richard Kuenkler's memo to William Balling of May 11, 1999. Upon roll
call,Trustees voted as follows:
AYES: 5 -Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
RESOLUTION#99-32—ILLINOIS HIGHWAY CODE IMPROVEMENT
Moved by Glover,seconded by Hendricks,to pass Resolution#999-32,Resolution for Improvement by the
Municipality under the Illinois Highway Code,per Richard Kuenkler's memo to William Balling of May 11, 1999.
Upon roll call, Trustees voted as follows:
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AYES: 5 -Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 —Marienthal
Motion declared carried.
BUFFALO GROVE METRA FACILITY
Moved by Glover,seconded by Reid,to approve the award of bid for the construction contract for the Buffalo
Grove Metra Facility parking lot expansion to Chicagoland Paving,Inc.in an amount not to exceed$389,200.00 per
Jack Weyrauch's memo to Mr.Balling of May 12, 1999.
Trustee Braiman thanked staff for the excellent job that they did in securing funds for this project.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5—Reid,Braimanm,Hendricks,glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
1110 LARRAWAY DRIVE—SPECIAL USE FOR DAY CARE
Dennis Lanskikh, Svetlana Lanskikh,and Steven Katz introduced themselves to the Board,after which Mr.
Lanskikh made a presentation explaining their request,details of which are contained in Mr.Pfeil's memo to Mr.
Balling of May 13, 1999;he stated that they believe that they have addressed all of the concerns of the neighbors;
they believe that they are offering a service to the community.
Mr.Katz presented a petition in favor of a temporary permit for 6 months for the operation of a day care home at
1110 Larraway Drive.
Mr.Raysa explained the special use,as detailed in his memo of May 10, 1999;he stated that he does not recall ever
granting a temporary special use permit.
Several Trustees expressed concern with setting a precedent by issuing a temporary permit;many neighbors are
opposed to this use;and the use is too intense for the property.
Moved by Berman,seconded by Glover,to uphold the Plan Commission recommendation regarding special use for
a child day care home in the R-5—One Family Dwelling District at 1110 Larraway Drive.
Dawn Schulz, a day care provider in Libertyville and former resident of Buffalo Grove,reviewed the letter that she
had presented to Board members urging the Board to vote in favor of allowing the day care home to continue at
1110 Larraway Drive.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5-
`� NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
BUFFALO GROVE PARK DISTRICT/RAUPP MUSEUM
Mr.Balling introduced this proposal.
John Green, Groundwork Inc.,representing the Buffalo Grove Park District,made a presentation to the Board,
details of which are contained in Mr.Pfeil's memo to Mr.Balling of May 13, 1999;during his presentation,he
referred to site plans,concept floor plans and an artist's rendering.
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Mr. Green stated that drainage will be addressed at the Plan Commission;they believe that they will also be able to
assist in situations that already exist through some engineering moves;he also reviewed the parking standards they
will follow.
Trustee Braiman stated that the Park District should do something right now to alleviate the drainage situation;this
is now becoming a fairly large facility with more traffic and he does not know if the residents are aware of the
proposed size;he thinks it might be better to relocate the entire facility to another site.
Moved by Berman, seconded by Glover,to refer the Buffalo Grove Park District proposed expansion of the Raupp
Museum,amendment of a special use in the R-4 district,901 Dunham Lane,to the Plan Commission for review.
Upon roll call,Trustees voted as follows:
AYES: 5—Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
JEWISH COUNCIL FOR YOUTH SERVICES
Mr. Balling introduced this proposal.
Lawrence Freedman,representing the JCYS,made a presentation to the Board,details of which are contained in Mr.
Pfeil's memo to Mr.Balling of May 13, 1999.
Regarding whether or not this proposal constitutes change sufficient to send it to the Plan Commission,Trustee
Braiman stated that it should go to the Plan Commission as a workshop,but not a public hearing;he thinks it is a
major change;he does believe that surrounding residents should be notified.
If Mr. Freedman stated that they would have no problem going to the Plan Commission
Moved by Berman, seconded by Braiman,to refer the Jewish Council for Youth Services,proposed Northwest
Family Center in the B-1 District,southwest corner of Weiland Road/Aptakisic Road,to the Plan Commission for
review;surrounding residents will be notified. Upon roll call,Trustees voted as follows:
AYES: 5-Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
EXECUTIVE MEETING
Moved by Braiman,seconded by Glover,to move to Executive Meeting to discuss Personnel. Upon roll call,
Trustees voted as follows:
AYES: 5-Reid,Braiman,Hendricks,Glover,Berman
NAYS: 0-None
ABSENT: 1 -Marienthal
Motion declared carried.
The Board adjourned to Executive Meeting at 10:25 P.M.and returned to Regular Session at 11:18 P.M.
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ADJOURNMENT
Moved by Reid, seconded by Hendricks,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 11:18 P.M.
`/ et M. Sirabian,Village Clerk
APPROVED BY ME THIS( DAY OF Vl/`7.�-! , 1999.
Village President