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2009-08-17 - Buffalo Grove Days Committee - Minutes Board or Commission: ❑ Buffalo Grove Days Committee Document Type: ❑Agenda 0 Minutes Meeting Date: 08/17/2009 Type of Meeting: ❑ Regular Meeting 12212 08/17/2009 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,AUGUST 17,2009 CALL TO ORDER President Hartstein called the meeting to order at 7:30 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,Trilling, Stone and Sussman. Also present were: William Brimm,Village Manager; William Raysa,Village Attorney; Scott Anderson,Director of Finance; Art Malinowski,Director of Human Resources; Rick Kuhl,Deputy Director of Public Works; Brian Sheehan,Deputy Building Commissioner Operations; Police Chief Balinski; and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover, seconded by Berman,to approve the minutes of the August 3,2009 Regular Meeting. Trustee Stone stated that she believes that the 12 pages of dialog by Trustee Braiman was actually under New Business , although it wasn't listed as such in the minutes,instead being listed as Open Meetings Act . Trustee Stone stated that the minutes have to reflect exactly what took place at the meeting. The Village Clerk stated that the topic was in the proper order in the minutes,but was titled Open Meetings Act in order to more clearly reflect the topic discussed. President Hartstein stated that the item is in the proper order in the minutes. The minutes are to accurately reflect exactly what transpired at the meeting, and he believes these minutes are very comprehensive in summarizing what transpired at the meeting. Upon roll,Trustees voted as follows: AYES: 6—Braiman, Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. WARRANT#1127 Mr. Tenerelli read Warrant 41127. Moved by Braiman, seconded by Glover,to approve Warrant 41127 in the amount of$2,092,553.66, authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman, Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein reminded residents of Buffalo Grove Days coming up over Labor Day weekend, and encouraged everyone to take advantage of this tremendous event. All residents have received the special edition brochure, and he noted that there is something for everyone to enjoy at this great event. This is a terrific example of the entire community coming together and he hopes to see everyone there. President Hartstein apologized for the 12213 08/17/2009 fact that he will not be at the parade because of a family commitment,but he will be there for the majority of the weekend. President Hartstein announced that the Buffalo Grove Fire Department will again be organizing the annual Fill the Boot Drive for the Muscular Dystrophy Association, and he urged all those driving through the intersections where the volunteers will be collecting donations to donate generously on August 21,2009 and August 28,2009. TRUSTEE REPORTS Trustee Glover reviewed a summary of the activities that will take place during Buffalo Grove Days, and urged all residents to take advantage of this tremendous community event. Co-chair Paulette Greenberg reviewed the entertainment that will be offered during the entire weekend. Co-Chair J.V. Springman thanked Trustee Glover and the Village Board, as well as all of the staff involved and the committee, and everyone involved in putting this event together. On behalf of the entire community,President Hartstein noted that Mrs. Greenberg and Mr. Springman are owed a debt of gratitude for this event. This is a special event that everyone in the community looks forward to and enjoys, and he again thanked everyone for their time and effort. President Hartstein congratulated Joe Tenerelli on his selection as Grand Marshall of this year's parade, and thanked him for the many years of service that he has contributed as Parade Chairman. Trustee Sussman reported on the National Night Out recently sponsored by the Buffalo Grove Park District. There were over 4,000 people in attendance, and she thanked the Fire Department and the Police Department for the key role that they played. Trustee Sussman thanked the Park District for their efforts,which are much appreciated. President Hartstein echoed those comments and noted that it was truly a tremendous event. Trustee Trilling reported that he had the distinct honor of attending a banquet for the Illinois Traffic Safety Challenge Awards, and noted what a wonderful Police Department that we have in Buffalo Grove. Trustee Trilling reviewed the criteria for the awards, and recognized the awards earned by the Buffalo Grove Police Department. The Buffalo Grove Police Department was awarded first place for departments employing between 51 and 100 officers. In addition,there were seven special awards presented, and the Buffalo Grove Police Department won three of those seven awards. Chief Balinski thanked Trustee Trilling and the Board for their support, and noted that these accomplishments reflect the leadership that Commander Newton and Sergeant Kristiansen provide on a daily basis. They truly reflect the commitment to excellence that the Village of Buffalo Grove expects, and accurately portrays the dedication of the men and women of the Buffalo Grove Police Department. Sergeant Kristiansen again thanked the Board and the community for their support, and he introduced the officers present. Buffalo Grove is at 20-year lows for traffic accidents, and 15-year lows for personal injury accidents, which says a lot considering how the Village has grown and for the volume of traffic going through the Village each day. President Hartstein thanked the Department and noted how proud the Village is of their efforts throughout the year. Trustee Stone stated that the only topic left out of the Minutes from the last meeting was New Business. It is important that the minutes reflect the agenda and what took place, and it is important to write so that anyone reading the minutes is able to visualize what was done at the meeting. and she believes that the New Business heading was left out of the minutes. Anyone that goes to read the minutes would go to New Business rather than Open Meetings Act. 12214 08/17/2009 President Hartstein asked that the Village Attorney share his recommendations,if any,with the Village Clerk. Presidents Hartstein believes that the Village does have an accurate reflection of what has transpired at Village Board meetings. VILLAGE MANAGER'S REPORT Mr. Brimm announced that the next meeting of the Village Board will be a Rescheduled Regular Meeting on Tuesday, September 8,2009, since Labor Day falls on the regularly scheduled meeting date. Mr. Brimm presented a status report on the Draft Code of Ethical Behavior and Conduct/Draft Amendment to Municipal Code—Ethics Commission,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. The intent tonight is to get on the record that the review and research and drafting are complete. Staff asks the Board to take this document under review and return comments to him. President Hartstein thanked Mr. Brimm and staff for the time and effort put into this document, and he encouraged every member of the Board to review the document thoroughly and make suggestions to Mr. Brimm so that he can meet with the Village Attorney to present a revised document before the Board so that there can be a full and proper discussion at a public meeting. QUESTIONS FROM THE AUDIENCE Frank Ladonne,34 Chestnut Court West, stated that he has listened to Board members speak defensively and indignantly against allegations of impropriety;he does not believe anyone has been accused of impropriety,but there does seem to be the perception and appearance of impropriety;the main portion of the meeting appears to be political theater and stage setting for what appear to be major decisions that have already been made behind closed doors. Mr. Ladonne believes that the job of the Village Board is to determine and then fulfill the will of the people. Trustee Stone suggested the formation of an Ethics Commission for the very reason of avoiding the appearance or perception of wrong doing or impropriety. Barnett Fagel,224 Stanton Court West,thanked the Board for the opportunity to speak before the Board. Mr. Fagel stated that it is important for residents to get involved in local government, and that is why he is speaking to the Board. Government is based on checks and balances to ensure balance for a fair and equitable outcome for all. Residents should attend Village Board Meetings. Mr. Fagel commended Trustee Stone for the innovative and fresh ideas that she brings to the Board. If more cable television viewers of the Board Meetings became regular attendees to the Village Board Meetings,the public would be better served. Mr. Fagel stated that he has respect for this community and appreciates the opportunity to speak to this forum. President Hartstein echoed Mr. Fagel's comments with regard to attendance at Board Meetings. Everyone is welcome to our meetings, and comments are always welcomed. In answer to a question from Trustee Braiman,Mr. Brimm presented an update on the status of the Red Light Cameras; discussions have begun,but staff has not yet met with Gatso. 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 read a brief synopsis of each of the items on the Consent Agenda. Moved by Berman, seconded by Braiman,to approve the Consent Agenda. Mr. Raysa requested that Item XI. G. include a waiver of bid. Trustees Berman and Braiman accepted the waiver of bid request. 12215 08/17/2009 ORDINANCE#2009-53—GOVERNOR'S HOMETOWN AWARD Motion to pass Ordinance#2009-53, authorizing the placement of the Governor's Hometown Award sign. ORDINANCE#2009-54—CHICAGO INDOOR RACING Motion to pass Ordinance#2009-54, amending Chapter 5.20 Liquor Controls, Class A, Chicago Indoor Racing. ORDINANCE#2009-55—PEERLESS BRIDGE,LLC Motion to pass Ordinance#2009-55,granting variations to Sign Code, Sections 14.20.050 and 14.20.080 for Peerless Bridge,LLC, 1650 Leider Lane. ORDINANCE#2009-56—PEERLESS BRIDGE,LLC Motion to pass Ordinance#2009-56,granting variations to Sign Code, Sections 14.20.050, 14.20.070, 14.40.025 and 14.40.145 for Peerless Bridge LLC, 1701 Leider Lane. RESOLUTION#2009-32—IRMA Motion to pass Resolution#2009-32, appointing an Alternate Delegate to the Intergovernmental Risk Management Agency. RESOLUTION#2009-33—VILLAGE GRILL& TAVERN Motion to pass Resolution#2009-33, authorizing the amendment of a lease between the Village of Buffalo Grove and JBM Hospitality,LLC d/b/a Village Bar and Grill. FINANCIAL AUDITING SERVICES Motion to authorize solicitation of proposals for independent financial auditing services. Upon roll call,Trustees voted as follows on the Consent Agenda,including the amended Item XI. G.: AYES: 6—Braiman, Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-57—PRAIRIE HOUSE Moved by Braiman, seconded by Berman,to pass Ordinance#2009-57, approving an Economic Incentive Agreement by and between the Village of Buffalo and Prairie House Realty,LLC,d/b/a Prairie House Restaurant, pursuant to documents contained in Board packets. Mr. Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. In answer to a question from Trustee Braiman,Mr. Raysa stated that he has reviewed the document and is satisfied with the document. Upon roll call,Trustees voted as follows: AYES: 6—Braiman, Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. 12216 08/17/2009 ADAM'S ROADHOUSE Moved by Braiman, seconded by Berman,to pass Ordinance#2009-58,granting variations to Sections 14.20.030, 14.20.070 and 14.40.025 of the Village Sign Code for Adam's Roadhouse Sports Bar&Grill,301 Milwaukee Avenue,in accordance with the proposed ordinance in Board packets. Mr. Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda item Overview prepared by Mr. Sheehan. Mr. Sheehan noted that, subsequent to the ZBA meeting,Mr. Sadeghi submitted a letter dated 7/30/09 requesting that the condition that the sign may only advertise food specials on the changeable copy portion of the sign be modified to include the promotion of any aspect of the business other than alcoholic beverages. Also,Mr. Sadeghi submitted a revised color rendering which is labeled Revised Exhibit E . In answer to a question from President Hartstein,Mr. Raysa stated that he believes the requested changes are items that are appropriate for the Village Board to consider, and do not need to be returned to the ZBA. Trustee Berman asked if staff has a specific recommendation. Mr. Sheehan stated that staff does not have a recommendation. Mr. Sheehan believes that the change in the word Roadhouse does make the sign more symmetrical and read better aesthetically. Mr. Sheehan stated that there are no current restrictions on what can be advertised on the changeable copy sign. Trustee Braiman stated that he was the liaison to the ZBA at the time this was considered, and he thanked staff for their work with the petitioner. Andrew Stein, 17 Chevy Chase Drive, stated that he is representing the Citizen's Ad Hoc Committee as the Chairman. Dating the ZBA..ee fi g Mr. Stein confirmed that he did have conversations with the petitioner as part of the committee prior to the ZBA meeting. After speaking with members of the committee, all members that responded were in favor of allowing Adam's Roadhouse to advertise more than just food,with the limitation of no advertisement of alcohol, as long as it pertained to activities at Adam's Roadhouse. Trustee Braiman stated that the commissioners that voted against this proposal were not against the advertisement, but they were against the changeable copy. Trustee Sussman stated that she does not have a problem with this,but she questions how this will affect other restaurants in Buffalo Grove, and wonders if they also will be able to have signs up for specials that they might have. Mr. Sheehan stated that he believes this is the only restaurant in town with a changeable copy sign. If any other restaurant were to ask for a variation to erect a changeable copy sign,they would also be allowed to advertise certain aspects of their business. President Hartstein stated that he was on the ZBA when the original sign code was prepared, and one of the concerns was that the primary purpose of signage was basically to limit signs to business identification, and not for advertising. Aesthetics and streetscape were primary concerns. The idea was to avoid a proliferation of advertising. Mr. Stein stated that he did some research into the particular signage issue at Adam's Rib and he found out that the current changeable copy sign was approved as part of the voluntary annexation of the property and business into Buffalo Grove. The current ordinance actually addresses the billboard that exists at the northern end of the property,but is silent to the sign being discussed tonight. Trustee Trilling stated that the business has the ability to have a changeable copy sign;the homeowners committee does not have a problem with the changeable copy sign;there is ZBA approval for allowing changeable copy;he does not see any difference between advertising food or advertising some other amenity within the facility other than 12217 08/17/2009 liquor;he also notes that the ownership agreed to remove the unsightly billboard;he does believe that he will support the proposal. Mr. Stein confirmed to Trustee Glover that the committee does not have a problem with promoting specials or events other than food. Trustee Glover believes that anything is an improvement over what is currently in place. Trustee Sussman again stated that she does not have a problem with the proposal,but she does want to confirm that,if any other business wishes to erect a changeable copy sign,they will be given the same ability as this restaurant is being given. Mr. Stein answered questions from Trustee Stone with regard to the make up and selection of the ad hoc committee. Mr. Stein noted that the committee consists of him and three other members and is to deal with issues in the neighborhood specific to the OTB. Mr. Brimm stated that he has met with the committee and it is relatively low key and active just on the one issue. Trustee Stone asked if everyone is made aware of meetings so that,when the committee represents them,the committee is speaking for the subdivision. Mr. Stein stated that he believes the idea was to choose people in the subdivision who would be representative of the subdivision, so they reached out to people who were both pro and con on the proposal. Trustee Stone stated that she wants to be sure that the committee is properly representative of the subdivision, and she does not believe that this committee has been created properly represents the 69 homes. President Hartstein stated that there was Public Hearing at the ZBA, so that there was not only input from the committee,but anyone who chose to be in attendance was welcome at the Public Hearing. Trustee Stone stated that she believes that our Public Hearings sometimes overlook the community. President Hartstein pointed out that the focus of this discussion is the sign, and not the committee. Trustee Trilling wanted to make it clear that the sign as it is today can advertise anything and does meet the codes that are currently in place, so nothing is being changed as it relates to changeable copy. Also,he wanted to make clear that anyone within the Village has the right to ask for a variation, and anyone in the Village has the right to due consideration. But that does not mean that the Board has to grant the request. It just means that equal consideration will always be given. Trustee Berman noted that the ZBA Chairman frequently points out that each individual request for a variance of any sort is unique and judged on its own merits and does not set precedent. This case is a unique situation because the sign pre-existed the annexation, and it was essentially grandfathered when the property was annexed to the Village. Trustee Berman stated that he does not have a problem with continuing with the current status, and he is not sure that we necessarily wants to go the extra step. Discussion then took place with regard to the legal parameters of conditions when delving into restrictions specifically related to content. President Hartstein questioned whether or not the Board has the authority,under the terms of the Annexation Agreement,because this is a new sign,to prohibit advertising altogether. Trustee Braiman also has a concern with the sign;he personally does not like changeable copy as he thinks it is somewhat tacky and takes away from an otherwise attractive sign. Moved by Braiman, seconded by Glover,to defer action on this proposal until the Village Attorney has the opportunity for further review. 12218 08/17/2009 Trustee Berman noted that,when zoning matters come before the Board,the Village Attorney always reminds the Board and the petitioner that signage is considered separately from zoning. There are no promises or guarantees that,because a zoning matter is approved,the specific type of sign will be approved. In answer to a question from Trustee Braiman,Mr. Sheehan stated that the temporary sign currently in place can remain for 60 days. Trustee Sussman noted that this is strictly about signs, and has absolutely nothing to do with the OTB. Trustee Stone stated that the discussion is related to whether foods specials may be advertised versus advertising the Triple Crown. President Hartstein stated that there are two questions to be addressed by the Village Attorney: • Whether or not the Village has the right to prohibit any copy whatsoever in light of the Annexation Agreement. • What the Village can or cannot be restricted as far as the First Amendment. Upon roll call,Trustees voted as follows: AYES: 6—Braiman, Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. PAVEMENT CRACK SEALING Moved by Braiman, seconded by Berman,to award the bid for Pavement Crack Sealing to Behm Pavement Maintenance,Inc. in an amount not to exceed$157,000. Upon roll call,Trustees voted as follows: AYES: 6—Braiman, Glover,Berman,Trilling, Stone, Sussman 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, and the meeting was adjourned at 9:10 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 8th DAY OF September 2009 Village President